Kerala High Court
Saeed P.C vs Lynn Varghese on 22 May, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
OP (RC) NO. 181 OF 2023
AGAINST IA NO.151/2023 IN IN RCP NO.171 OF 2020 OF III
ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
PETITIONER(S)/PETITIONER/RESPONDENT :
SAEED P.C,
AGED 40 YEARS
S/O. ALI, PALLIKKACHALIL HOUSE,KANJARAKODU VILLAGE,
KANNUR TALUK, KANNUR DISTRICT. (BUILDING NO.
KALAMASSERY MUNICIPALITY 33/667, NEAR NAVYA CAKE
SHOP, OPP. METRO PILLAR 391, TOLL JUNCTION,
EDAPPALLY, ERNAKULAM, PIN - 682024
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
MUHAMMED ANEES
RESPONDENT(S)/RESPONDENTS/PETITIONERS:
1 LYNN VARGHESE
AGED 49 YEARS
W/O. VARGHESE, PATTATHUPARAMBIL HOUSE, 'ROSE VILLA',
KOONAMTHAI, THRIKKAKARA NORTH VILLAGE, KANAYANNUR
TALUK, PIN - 682024
O.P.(R.C.) No.181 of 2023
2
2 VARGHESE P.O
AGED 57 YEARS
S/O. OUSEPH, PATTATHUPARAMBIL HOUSE, 'ROSE VILLA',
KOONAMTHAI, THRIKKAKARA NORTH VILLAGE, KANAYANNUR
TALUK, PIN - 682024
BY ADVS.
D.G.VIPIN
DANIEL A.J.(K/000772/2020)
MANISHA V.V(K/1250/2023)
ANNA ROSE NAMBADAN(K/1574/2023)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(R.C.) No.181 of 2023
3
AMIT RAWAL & EASWARAN S. , JJ.
-------------------------
O.P.(R.C.) No.181 of 2023
-----------------------------------
Dated this the 22nd day of May 2024
JUDGMENT
AMIT RAWAL, J.
In a rent petition preferred by the respondents-landlord
seeking eviction on the ground of bonafide need i.e., R.C.P. No.171
of 2020 the petitioner/tenant was proceeded ex parte resulting into
ex parte eviction order dated 28.10.2022. It is submitted that the
petitioner acquired the knowledge of exparte decree only when the
execution petition was filed and thereafter filed the application
under Order IX Rule 13 of the Code of Civil Procedure. But along
with the said application, no interim application was filed and when
the eviction was pressed, the petitioner had approached this Court
by invoking the power under Article 227.
2. Learned counsel appearing on behalf of the respondents-
landlord do not deny the pendency of the application under Order 9
Rule 13, but submitted that the tenant is in arrears of rent at the
rate of Rs.14,750/- per month.
3. Without expressing any opinion on the merits about the
outcome of the application filed under Order 9 Rule 13 of the Code,
particularly the fact that there is an interim order granted by this
Court on 30.10.2023, we dispose of this O.P.(R.C.) by directing the
learned Rent Controller to decide the application filed under Order 9
Rule 13, in accordance with law, as expeditiously as possible within
a period of two months, subject to the condition that the petitioner
-tenant clears all the arrears of rent within a period of three weeks.
It is made clear that in case the arrears of rent are not cleared, the
respondents-landlord shall be entitled to seek eviction in accordance
with law. Till a decision is taken as aforesaid, the interim order
granted by this court will continue, on condition of payment of the
arrears.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
NS
APPENDIX OF OP (RC) 181/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT OF RENT
EXECUTED BETWEEN PETITIONER AND
1STRESPONDENT DATED 01.09.2019
Exhibit P2 TRUE COPY OF THE ORDER PASSED EX-PARTE IN
R.C.P. NO. 171/2020 DATED 28.10.2022 OF
THE III RD ADDITIONAL MUNSIFF & RENT
CONTROLLER, ERNAKULAM
Exhibit P3 TRUE COPY OF I.A. NO. 151/2023 IN R.C.P.
NO. 171/2020 DATED 13.09.2023 OF THE III
RD ADDITIONAL MUNSIFF & RENT CONTROLLER,
ERNAKULAM
Exhibit P4 TRUE COPY OF THE SUMMONS IN E.P. NO.
312/2023 IN R.C.P. NO. 171/2020 OF MUNSIFF
COURT, ERNAKULAM
Exhibit P5 TRUE COPY OF E.P. NO. 312/2023 IN R.C.P.
NO. 171/2020 OF MUNSIFF COURT, ERNAKULAM,
DATED 12.9.2023
