Kerala High Court
P K Subair vs Ashraf on 3 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:73656
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
RCREV. NO. 181 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 16.01.2024 IN RCA
NO.46 OF 2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
ARISING OUT OF THE ORDER/JUDGMENT DATED 19.06.2023 IN RCP
NO.35 OF 2020 OF MUNSIFF COURT,CHAVAKKAD
REVISION PETITIONER/APPELLANT/PETITIONER:
P K SUBAIR
S/O KOYAKKUTTY, RESIDING IN THE ADDRESS PLAKKAL
HOUSE, CHIRAMANANGAD VILLAGE, MARATHAMCODE DESOM,
KUNNAMKULAM P O, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, PIN - 680503.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 ASHRAF
AGED 54 YEARS
S/O ANDIPATTIL YOUSAF, PAZHANJI VILLAGE,
PERUMTHURUTHY DESOM, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, PIN - 680542.
2 FAKHRUDDIN
AGED 52 YEARS
S/O KUYILANKATTIL MUHAMMED HAJI, ANGADI AMSOM
DESOM, ANGADI P O, PATTAMBI TALUK, PALAKKAD
DISTRICT, PIN - 679552.
BY ADVS.
SANTHEEP ANKARATH
R.C.R.No.181 OF 2024
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2024:KER:73656
SHERRY M.V.(K/976/2001)
THIS RENT CONTROL REVISION HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.C.R.No.181 OF 2024
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2024:KER:73656
AMIT RAWAL & EASWARAN S., JJ.
--------------------------------------------------
Rent Control Revision No.181 of 2024
-------------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
Amit Rawal, J.
Facts of the case in brief in our order issuing notice
before admission dated 13.09.2024 reads as under:
"Petitioner - tenant faced the eviction proceedings in Rent
Petition bearing No.35 of 2020 and Rent Appeal No.46 of
2023. However, on 03.02.2021 and 16.01.2024 was
proceeded ex-parte resulting into ex-parte judgment and
decree dated 30.11.2021(sic). On receipt of the summon in
the execution proceedings, attained the knowledge of the
aforementioned and submitted an application under Order
9 Rule 13 dated 28.02.2023 accompanied by an application
for condonation of delay of 420 days in filing.
2. Mr.G.Sreekumar(Chelur), learned counsel for the
petitioner submitted that O.S.No.1323 of 2019 for obtaining
injunction against the landlord for forcible dispossession
except due course of law has been filed which the
petitioner - tenant is diligently pursuing. Therefore it
cannot be ruled out that the petitioner had willfully and
intentionally absented from the proceedings of the
ejectment petition. Court below ought to have imposed a
reasonable condition for setting aside by compensating the
landlord - respondent.
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3. Issue notice before admission through special
messenger as well as the counsel appearing in the Trial
Court. In the meantime, there shall be an interim stay in
the ejectment proceedings against the petitioner subject to
the cost/compensation which would be deemed to be
appropriate to impose after appearance of the respondent
landlord."
2. In response to the notice, Sri.Santheep Ankarath
entered appearance and submits that the petitioner - tenant
is in arrears of rent of approximately Rs.10 lakhs. His wife
was already served, but intentionally did not appear
resulting into an ex-parte proceedings and ex-parte
judgment and decree dated 30.11.2021. He did not deny
the fact regarding the pendency of Original Suit No.1323 of
2019 for obtaining injunction against forcible dispossession.
No plausible explanation had come forth in seeking the
condonation of delay of 424 days in filing the application
under Order IX Rule 13 on 28.02.2023 .
3. We have heard counsel for the parties and
appraised the paper book.
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4. The conduct of the petitioner - tenant, as per the
contention of the counsel for respondent - landlord, does not
appear to be justified and responsible, for, no plausible
explanation have come forth in filing the application under
Rule IX Order 13 within a reasonable period of 30 days and
about 424 days have elapsed.
5. In such cases, normally interference is not
warranted. Keeping in view the interest of the respondent -
landlord, may be able to recover the arrears of rent in case
the petitioner - tenant is permitted to contest the petition on
merits by moving an application under Section 12(1) of the
Kerala Buildings (Lease and Rent control) Act, 1965. Thus,
we set aside the orders under challenge, i.e., the ex-parte
judgment and decree dated 30.11.2021 as well as order
dated 16.01.2024 of the Appellate Authority dismissing RCA
No.46 of 2023, subject to condition that the petitioner -
tenant shall pay a cost of Rs.20,000/- to the respondent -
landlord within a period of one week from today and
thereafter shall file the objection within a further period of
15 days.
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6. Respondent - landlord is at liberty to move an
application under Section 12(1) of the Kerala Buildings
(Lease and Rent control) Act, 1965, in case the petitioner -
tenant does not clear the arrears of rent.
8. Parties through their counsel are directed to
appear before the Rent Controller on 21.10.2024.
Revision stands disposed of.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
ACR
