Kerala High Court
Harris vs Sareena on 7 November, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
OP (RC) NO. 120 OF 2024
2024:KER:83214
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946
OP (RC) NO. 120 OF 2024
AGAINST THE ORDER DATED 18.11.2023 IN RCP NO.15 OF 2022
OF THE RENT CONTROLLER(MUNSIFF-MAGISTRATE) COURT, KALPETTA
PETITIONER/RESPONDENT
HARRIS,AGED 48 YEARS,, S/O. MOIDU, KUNIGARATH
HOUSE, NEAR KRIPA NURSING HOME KALPETTA POST AND
VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT., PIN -
673121
BY ADV P.C.CHACKO(PARATHANAM)
RESPONDENT/PETITIONER:
SAREENA,AGED 48 YEARS,W/O. MUHAMMED SALEEM K
KUNINGARATH HOUSE, KANDTHVAYAL, VELLAMUNDA POST AND
VILLAGE, MANANTHAVADY TALUK, WAYANADU DISTRICT, PIN
- 670645
BY ADVS.
Alex M Scaria
SUDHEER P.S.(K/1472/2001)
RAHUL L.R.(K/529/2009)
SARITHA THOMAS(K/158/2010)
SAHL ABDUL KADER(K/2210/2021)
GEORGE KAPPEN(K/000566/2024)
CLARINA CHRISTOPHER P.(K/2721/2024)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
07.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP (RC) NO. 120 OF 2024
2024:KER:83214
JUDGMENT
Muralee Krishna.S, J.
The Original Petition (Rent Control) is filed by the respondent-
tenant in RCP No.15 of 2022 on the file of the Rent Controller
(Munsiff-Magistrate) Court, Kalpetta, seeking following reliefs:
"a) Issue a direction to the Rent Controller, Kalpetta, to consider
and pass orders on Ext P3 RP IA No.22 of 2024 in RCP No.15 of
2022.
b) Issue such other writ, order or direction as this Hon'ble Court
may deem fit and proper in the facts and circumstances of the
case"
2. The Rent Control Petition was filed by the respondent herein
under Sections 11(2) (b), 11(3) and 11(4)(i) and (iii) of the
Building (Lease and Rent Control) Act, 1965 ('the Act, in short)
seeking eviction of the petitioner from the petition schedule shop
room for various grounds claimed in the petition. Though the
petitioner entered appearance before the Rent Control Court and
filed a counter statement disputing the grounds of eviction stated
in the petition, he failed to adduce any evidence when the matter
was listed for trial and accordingly the Rent Control (Munsiff-
Magistrate) passed Ext P1 order of eviction dated 18.11.2023. The
petitioner thereafter filed Ext P3 petition to set aside the ex parte
OP (RC) NO. 120 OF 2024
2024:KER:83214
order of eviction, contending that his counsel mistakenly noted the
posting date of the case and hence he could not adduce evidence.
Meanwhile, the respondent filed Ext P4 execution petition before
the Rent Control Court (Munsiff-Magistrate), Kalpetta.
Apprehending his eviction before considering Ext P3 petition, the
petitioner approached this Court with the above original petition.
3. When the matter was taken up for consideration on
7.10.2024, this Court issued notice before admission to the
respondent-landlord through the counsel appearing before the
Rent Control Court and also through special messenger. The
dispossession of the petitioner is ordered to be stayed. On service
of notice, the respondent-landlord did not enter appearance.
4. Heard the learned counsel for the petitioner.
5. The learned counsel would submit that the petitioner-tenant
has valid grounds to agitate in Ext P3 petition filed to set aside the
ex parte order passed against him. If he is evicted in Ext P4
execution proceedings, before finalisation of Ext P3 petition, he will
be put to irreparable hardships.
6. Having considered the submissions at the Bar, we are of the
opinion that the Rent Control Court has to consider and pass
appropriate orders in Ext P3 RP IA No.22 of 2024 filed by the
OP (RC) NO. 120 OF 2024
2024:KER:83214
petitioner expeditiously, considering the pendency of execution
proceedings. In such circumstances, we dispose of this original
petition by directing the Rent Control Court (Munsiff-Magistrate)
Court, Kalpetta, to consider Ext P3 RP IA No.22 of 2024 in RCP
No.15 of 2022 filed by the petitioner and pass appropriate orders
therein as expeditiously as possible, at any rate, within a period of
one month from the date of receipt of certified copy of this
judgment.
The interim stay granted as per order dated 7.10.2024 by this
Court will continue till the disposal of Ext P3 RP IA No.22 of 2024.
sd/-
ANIL K. NARENDRAN, JUDGE
sd/-
MURALEE KRISHNA.S, JUDGE
sks/8.11.2024
OP (RC) NO. 120 OF 2024
2024:KER:83214
APPENDIX OF OP (RC) 120/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 18.11.2023
IN RCP NO. 15/2022 OF THE RENT CONTROLLER
KALPETTA
Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT DATED
26.01.2023 FILED BY THE PETITIONER IN RCP
NO. 15 OF 2022. BEFORE THE RENT
CONTROLLER KALPETTA.
Exhibit P3 TRUE COPY OF THE RP IA NO. 22/2024 IN RCP
NO. 15/2022 DATED 09.08.2024 ON THE FILES
OF RENT CONTROLLER KALPETTA.
Exhibit P4 TRUE COPY OF THE EP NO. 33/2024 IN RCP
NO. 15/2022 FILED BY THE RESPONDENT
BEFORE THE MUNSIFF COURT KALPETTA.
