Kerala High Court
Nazeer vs Chathoth Punnaroth Nanu on 7 April, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP (RC) NO. 30 OF 2025 1 2025:KER:29881
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
OP (RC) NO. 30 OF 2025
AGAINST THE ORDER DATED 21.12.2024 IN IA NO.3 OF 2024
IN RCA NO.89 OF 2024 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - IV, KOZHIKODE/III ADDITIONAL MACT,
KOZHIKODE
PETITIONER/APPELLANT 1/RESPONDENT 1:
NAZEER
AGED 51 YEARS
S/O. ABDUL KHADER PARAMBATH HOUSE,
KUNNUMMAKKARA, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673501
BY ADVS.
P.M.SANEER
TONY GEORGE KANNANTHANAM
GISON ALIYAS
AJITH GEORGE KOOLA
RESPONDENTS/RESPONDENTS/PETITIONERS AND RESPONDENT 2 & 3:
1 CHATHOTH PUNNAROTH NANU
AGED 64 YEARS
RUTHI (WHITE HOUSE),
ERAMALA ORKATTERI.P.O.,
VATAKARA, KOZHIODE DISTRICT,
PIN - 67360
OP (RC) NO. 30 OF 2025 2 2025:KER:29881
2 ARIPPOOVIL JAYANTHI
AGED 50 YEARS
W/O. NANU, SRUTHI (WHITE HOUSE),
ERAMALA ORKATTERI.P.O.,
VATAKARA, KOZHIODE DISTRICT,
PIN - 673601
3 NIJIL,
AGED 30 YEARS
S/O.NANU, SRUTHI (WHITE HOUSE),
ERAMALA ORKATTERI.P.O.,
VATAKARA,
KOZHIODE DISTRICT,
PIN - 673601
4 MUHAMMAD SUHAIB
AGED 33 YEARS
S/O.MOOSA, GREEM PALACE,
ORKKATTERY DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673501
5 NAZEEMA
AGED 51 YEARS
D/O.ABDUL KHADER,
PARAMBATH HOUSE,
KUNNUMMAKKARA, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673501
BY ADVS.
K.MOHANAKANNAN
ADARSH MOHAN K.(K/004179/2024)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (RC) NO. 30 OF 2025 3 2025:KER:29881
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner is the tenant. Consequent upon the
ex-parte proceedings, he was evicted. Thereafter, the
ex-parte order was set aside, but the eviction had already
been executed. There has been a long round of litigation
between the parties till the execution was effected. We are
not adverting to those circumstances, which may require a
meritorious consideration at the appropriate stage while
considering the landlord's claim for the rent during the
appeal proceedings. The Rent Control Court ordered
eviction. The tenant carried the matter in appeal. The
Appellate Authority, in order to allow the tenant to contest
the matter, directed him to deposit the arrears of rent. The
tenant contends that, since the landlord did not allow him to
occupy the building and also caused damage to the building,
prevented him from running his business, they cannot claim
rent for that period. The petitioner has invoked principles of
OP (RC) NO. 30 OF 2025 4 2025:KER:29881
doctrine of suspension of rent to support this claim.
We also note that there have been several rounds of
litigation between the parties. We are of the view that the
Appellate Authority shall dispose of the Rent Control Appeal
itself before 15.06.2025, after hearing both sides. The
impugned order is accordingly set aside, subject to the
directions as above. We make it clear that we have not held
that the tenant is not liable to pay the rent during the above
period. It is for the Appellate Authority to decide whether
the tenant is liable to pay the rent during the said period or
not.
The original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
rkj
OP (RC) NO. 30 OF 2025 5 2025:KER:29881
APPENDIX OF OP (RC) 30/2025
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE ORDER DATED 7-3-2019 IN
R.C.P.NO.130/2017, OF THE RENT CONTROL
COURT, VATAKARA.
Exhibit P2 A COPY OF THE ORDER IN I.A.NO. 528/2019
IN RCP. 130/2017 DATED 7-7-2019 THE RENT
CONTROL COURT.
Exhibit P3 A COPY OF THE JUDGMENT IN
O.P(RC)148/2019 DATED 29-11-2019 OF THIS
HONOURABLE COURT.
Exhibit P4 A COPY OF THE ORDER DATED 8-1-2020 IN
I.A.NO. 1100/2019 IN RCP.130/2017, THE
RENT CONTROL COURT.
Exhibit P5 A COPY OF THE JUDGMENT DATED 25-10-2021
IN O.P(RC) 125/2020 OF THIS HONOURABLE
COURT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 5-8-2022 IN
CMA.NO. 3/2022 OF THE SUB COURT,
VATAKARA.
Exhibit P7 TRUE COPY OF THE ORDER DATED 13-4-2023
IN I.A.NO. 7/2022 IN O.S.NO. 24/2020 THE
MUNSIFF COURT, VATAKARA.
Exhibit P8 TRUE COPY OF THE ORDER DATED 8-6-2023 IN
CMA NO.11/2023 OF THE SUB COURT,
VATAKARA.
Exhibit P9 TRUE COPY OF THE COMMISSION REPORT DATED
6-1-2023 IN I.A.NO. 11/2022 IN O.S.NO.
24/2022.
Exhibit P10 TRUE COPY OF THE COMMISSION REPORT DATED
07-11-2023 IN I.A.NO. 18/2023.
OP (RC) NO. 30 OF 2025 6 2025:KER:29881
Exhibit P11 TRUE COPY OF I.A.NO. 12/2022 DATED
18-1-2023 IN O.S.NO. 24/2020 FOR POLICE
PROTECTION FIELD BEFORE THE MUNSIFF
COURT, VATAKARA.
Exhibit P12 TRUE COPY OF I.A.NO. 14 OF 2023 IN
O.S.NO. 24/2022 DATED 25-5-2023 BEFORE
THE MUNSIFF'S COURT, VATAKARA .
Exhibit P13 TRUE COPY OF I.A.NO. 15/2023 IN
RCP.NO.130/2017 DATED 30-9-2023 OF THE
RENT CONTROL COURT, VATAKARA.
Exhibit P14 TRUE COPY OF THE COUNTER STATEMENT DATED
7-10-2023 FILED BY THE LAND LORD IN
I.A.NO. 15/2023 IN RCP.NO. 130/2017 OF
THE RENT CONTROL COURT, VATAKARA.
Exhibit P15 A TRUE COPY OF THE ORDER DATED 9-10-2023
IN I.A.NO. 15/2023 IN RCP.NO. 130/2017
OF THE RENT CONTROL COURT, VATAKARA.
Exhibit P16 A TRUE COPY OF THE PETITION IA NO.
3/2024 IN RCA 89/2024 FILED BY THE
RESPONDENTS 1-3 BEFORE THE HONORABLE
RENT CONTROL APPELLATE AUTHORITY
DISTRICT JUDGE KOZHIKKODE0 DATED
20/06/2024.
Exhibit P17 THE CERTIFIED COPY OF THE OBJECTION
FILED BY THE APPELLANT DATED 11/09/2024.
Exhibit P18 A CERTIFIED COPY OF THE ORDER DATED
21-12-2024 IN IA NO. 3/2024 IN RCA
NO.2024 OF THE RENT CONTROL APPELLATE
AUTHORITY.
