Abdul Jabbar vs Abdul Gafoor
2024 Latest Caselaw 26192 Ker

Citation : 2024 Latest Caselaw 26192 Ker
Judgement Date : 3 September, 2024

Kerala High Court

Abdul Jabbar vs Abdul Gafoor on 3 September, 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.
         Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946

                          OP (RC) NO. 106 OF 2024

      EP 22/2024 IN RCP 10/2021   OF THE PRL MUNSIFF"S COURT,PATTAMBI

PETITIONER/RESPONDENT:

     ABDUL JABBAR, AGED 56 YEARS, S/O. PUZHANKARA ILLATH MUHAMMED KUNJI,
     KAIPPAMAMGALAM AMSAM DESOM, KAIPPAMANGALAM PO, THRISSUR., PIN -
     680601

RESPONDENT/PETITIONER:

     ABDUL GAFOOR S/O. KOTTAPPURARTH HYDER, NETHIRIMANGALAM AMSAM
     DESAM,PATTAMBI PO, PALAKAD., PIN - 679303

     Op (rent control) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (RC) the High Court be
pleased to stay all further proceedings including delivery on 2.9.2024 in
EP No.22/2024 in RCP No.10/2021, pending disposal of this Original
Petition.
     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (RC) and upon hearing the arguments
of K.B.PRADEEP, SRADHA MOHAN Advocates for the petitioner, the court
passed the following:



                                                                      (P.T.O)
          AMIT RAWAL & EASWARAN S., JJ.
         --------------------------------------
               O.P.(RC) No.106 of 2024
        ---------------------------------------
    Dated this the 3rd day of September, 2024


                           ORDER

AMIT RAWAL, J.

Mr.K.B.Pradeep, learned counsel appearing on

behalf of the petitioner - tenant submitted that in the

order dated 26.06.2023 in R.C.P.No.10 of 2021 the Rent

Controller had determined the arrears of rent in the

following manner:

"i. As regards the claim of arrears of rent, the contentions raised by the respondent-tenant were not accepted, and the claim for eviction under Section 11(2)(b) of the Act was rejected.

ii. As regards the relief for eviction under Section 11(3) of the Act on account of bona fide need, the claim is accepted and the eviction ordered as prayed for.

iii. As regards the claim on the basis of the second proviso to Section 11(3) of the Act, the Rent Control Court, Pattambi, found that the tenant is not entitled to the said claim.

iv. The claim of the landlord under Section 11(4) of the Act was also considered and turned down."

2. On account of non-compliance of the same

Rent Controller ordered the eviction keeping in view of

the provisions of Section 11(3) of the Kerala Buildings

(Lease and Rent Control) Act, 1965.

3. The aforementioned order was assailed before

the appellate authority vide appeal No.14 of 2023 which

has also been dismissed. On 22.01.2023 the matter

came before this Court in R.C.Rev.89 of 2024. The

ground of bona fide need was found against the

petitioner and was granted ten(10) months time to

vacate the premises by issuing following conditions:

"10. In such circumstances, this Rent Control Revision Petition is dismissed declining interference on the impugned judgment of the Rent Control Appellate Authority and the impugned order of the Rent Control Court(Munsiff-Magistrate's Court); however, by granting ten months' time to the

petitionertenant, to surrender vacant possession of the scheduled premises to the respondent-landlord subject to the following conditions:

(i) The respondent-tenant in the Rent Control Petition shall file an affidavit before the Rent Control Court or the Execution Court, as the case may be, within two weeks from the date of receipt of a certified copy of this order, expressing an unconditional undertaking that he will surrender vacant possession of the scheduled premises to the petitioner-landlord within ten months from the date of this order and that, he shall not induct third parties into possession of the scheduled premises and further he shall conduct any business in the petition schedule building only on the strength of a valid licence/permission/consent issued by the local authority/statutory authorities;

(ii) The respondent-tenant in the Rent Control Petition shall continue to pay rent for every succeeding months, without any default;

(iii) Needless to say, in the event of the respondent-tenant in the Rent Control Petition failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the scheduled premises will stand cancelled

automatically and the petitioner-landlord will be at liberty to proceed with the execution of the order of eviction."

4. Landlord submitted an affidavit before the

Rent Controller in Execution Petition No.22 of 2024

saying that the petitioner tenant had paid a sum of

Rs.57431/- (Rupees fifty seven thousand four hundred

and thirty one only) each on 26.05.2024, on 06.06.2024

and on 06.07.2024 as arrears of rent. Therefore, there

was non compliance and order of interim stay to vacate

the premises within a period of ten(10) months expiring

in February, 2025 has ceased to exist, was only figment

of imagination as the rent for the month of August would

be due only in September, 2024. Moreover, Rent

Controller as per the screen shot in the order dated