Kerala High Court
Sreeja K.R vs P.A.Varghese on 29 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 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
OP (RC) NO. 67 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.05.2024 IN EP NO.382 OF 2023
OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER(S)/2nd JUDGMENT DEBTOR:
SREEJA K.R
AGED 42 YEARS
MIDAS ENTERPRISES, GROUND FLOOR, COSMO TOWER, AVENUE-2
ROAD, KATHRIKKADAVU, KOCHI, PIN - 682017
BY ADVS.
K.A.RASHEED
MANSOOR.B.H.
RESPONDENT(S)DECREE HOLDER:
P.A.VARGHESE
PULIPARAMBIL HOUSE, EDAKOCHI P.O., ERNAKULAM, KOCHI,
PIN - 682010
BY ADV Basil Mathew
THIS OP (RENT CONTROL) HAVING COME UP FOR HEARING ON
29.05.2024, ALONG WITH OP (RC).68/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (RC) NO. 67 OF 2024 and conctd. case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
OP (RC) NO. 68 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.05.2024 IN EP NO.383 OF
2023 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM
PETITIONER(S)/2ND JUDGMENT DEBTOR:
DEEPU MATHEW
AGED 44 YEARS
LUZERNE LIFE SCIENCE PRIVATE LTD., SECOND FLOOR,
COSMO TOWER, AVENUE-2 ROAD, KATHRIKKADAVU, KOCHI, PIN
- 682017
BY ADVS.
K.A.RASHEED
MANSOOR.B.H.
RESPONDENT(S)/DECREE HOLDER/1ST JUDGMENT DEBTOR:
1 P.A.VARGHESE
AGED 70 YEARS
S/O.ANTHAPPAN, PULIPARAMBIL HOUSE, EDAKOCHI P.O.,
ERNAKULAM, KOCHI, PIN - 682010
2 LUZERNE LIFE SCIENCES PRIVATE LTD
SECOND FLOOR, COSMO TOWER, AVENUE-2 ROAD,
KATHRIKKADAVU, KOCHI REPRESENTED BY ITS DIRECTOR, PIN
- 682017
BY ADV Basil Mathew
THIS OP (RENT CONTROL) HAVING COME UP FOR HEARING ON
29.05.2024, ALONG WITH OP (RC).67/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 67 OF 2024 and conctd. case
3
JUDGMENT
Amit Rawal, J.
Noticing the grievance of the petitioner-tenant, we on
23.5.2024 passed the following order:
Inter alia alleges that the eviction order dated 21.09.2023 was
passed keeping in view the business conducted in the tenanted
premises. Petitioner tenant was granted time to vacate the
premises till 18.05.2024. The application has been filed seeking
extension but Execution Petition is listed for delivering the
possession tomorrow. Petitioner had installed lot of electrical
equipments meant for storing of the medicines in the refrigerator
and would be needing two more weeks to vacate the premises. 2.
Issue notice before admission by special messenger to the
respondent. Post this matter 29.05.2024. Till then there shall be
interim stay qua dispossession.
2. Counsel for the landlord has raised the objection qua
maintainability of the petition on the ground that the petitioner-
tenant had been in arrears of rent with effect from 1.10.2021. The
total amount outstanding is 30,79,450/-. This fact was not brought
to the notice when we intervened by passing the order
aforementioned. The prayer was made before the Executing court
when the execution petition was pending for handing over the
possession as the order of eviction had attained finality.
3. Learned counsel petitioner-tenant on instructions from the
client submits that he is willing to remit only an amount of Rs.5
lakhs. We do not accept such request, for, against the demand 30
lakhs, tenant cannot get away by paying Rupees five lakhs and seek
OP (RC) NO. 67 OF 2024 and conctd. case
one month time to vacate the premises. The petitioner has not been
fair and honest to this Court. We do not appreciate this conduct.
No ground for interference is made out. Both the petitions are
dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab EASWARAN S.
JUDGE
OP (RC) NO. 67 OF 2024 and conctd. case
APPENDIX OF OP (RC) 68/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE OBJECTION FILED BY THE
JUDGMENT DEBTOR IN E.P.NO.383/2023
Exhibit-P2 TRUE COPY OF E.A.NO.288/2024
Exhibit-P3 TRUE COPY OF THE PRINT OUT OF THE
PROCEEDINGS OF THE PRINCIPAL MUNSIFF COURT
ERNAKULAM IN E.P.NO.383/2023
OP (RC) NO. 67 OF 2024 and conctd. case
APPENDIX OF OP (RC) 67/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE OBJECTION FILED BY THE
JUDGMENT DEBTOR IN E.P.NO.382/2023 DATED
16/03/2024 FILED BEFORE THE MUNSIFF COURT,
ERNAKULAM
Exhibit-P2 TRUE COPY OF THE E.ANO.290/2024 DATED
20/05/2024 FILED BEFORE THE MUNSIFF COURT,
ERNAKULAM
