Kerala High Court
Aamayattu Meethal Vasantha vs Sahadudhin on 7 April, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RCRev.No.237 of 2023
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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
RCREV. NO. 237 OF 2023
AGAINST THE JUDGMENT DATED 22.07.2023 IN RCA NO.21 OF 2022
OF RENT CONTROL APPELLATE AUTHORITY/ADDITIONAL DISTRICT COURT &
SESSIONS COURT - V, KOZHIKODE
REVISION PETITIONER/APPELLANT/PETITIONER IN I.A./RESPONDENT IN
RCP:
AAMAYATTU MEETHAL VASANTHA
AGED 53 YEARS
D/O GOPALAN, SAGARA, 2/584 NADUVANNUR AMSOM DESOM,
KOYILANDY TALUK (WRONGLY ENTERED) AND CORRECT ADDRESS
BEING VASANTHA, W/O RAGHU, AGED 53 YEARS,
KOTTAPPURATH, SAGARA HOUSE, NADUVANNUR AMSOM DESOM,
KOYILANDY TALUK, P.O. NADUVANNUR,
KOZHIKODE DISTRICT, PIN - 673614
BY ADVS.
ABRAHAM MATHEW (VETTOOR)
ANIL ABEY JOSE
VISHNUJA P.M.
RESPONDENT/RESPONDENT/RESPONDENT IN I.A./PETITIONER IN RCP:
SAHADUDHIN
S/O. MAMMAD KOYA, AGED 57 YEARS,
ATHIKKAVEETIL,NAGARAM AMSOM DESOM,
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CALICUT, KOZHIKODE DISTRICT,
KERALA, PIN - 673001
BY ADVS.
SUSMITH KUMAR T.D
T.O.DEEPA(K/180/2008)
JAYKAR.K.S.(K/738/2003)
C.SIVADAS(K/798/2012)
THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON
07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
P. Krishna Kumar, J.
The respondent in a Rent Control proceeding is
before us for setting aside the ex parte order passed
against her. As per Annexure A2 order dated 13/07/2015,
the Rent Control Court, Koyilandy directed the
petitioner herein to vacate the premises on finding
that the respondent bona fide requires the vacant
possession of the petition-scheduled house.
2. According to the petitioner, the
petition-scheduled building belonged to her deceased
husband who availed a loan of Rs.3,00,000/- from the
respondent and he was forced to execute a sale deed in
favour of the respondent as a security for the amount
borrowed. The petitioner further disputes the
genuineness of the rent deed produced by the
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respondent. The petitioner contended that when she
received the notice on institution of the eviction
petition, she met a lawyer who advised her not to
appear before the court as there was a mistake in the
name of the father of the respondent in the rent
control petition. The same mistake occurred in the
lease deed as well. The petitioner contended that her
husband was unwell due to kidney disease and had been
undergoing dialysis almost all days till 19.10.2019, on
which date he died and that is the reason why later she
was not able to contact her lawyer. The petitioner
further contended that the lawyer by mistake filed a
vakkalath in the rent control proceedings, but did not
file any objection and ultimately the impugned order
was passed ex parte and the petitioner came to know
about Annexure A2 order when she received notice in the
execution petition. Thereafter, she immediately
approached the Rent Control Court to set aside the ex
parte order together with a petition to condone the
delay of 1549 days, but the Rent Control Court
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dismissed the same as per Annexure A6. Though the
petitioner challenged the said order before the Rent
Control Appellate Authority, the same has also resulted
in dismissal, hence this revision petition.
3. Heard the learned counsel appearing for
the petitioner and the respondent.
4. The petitioner is a widow and she
contended that she was unable to contest the case for
two reasons, viz., illness of her husband which
ultimately led to his death and the misguiding advice
of her lawyer.
5. Even though we are not impressed by the
second contention, we cannot ignore the fact that the
petitioner lost her husband in the year 2019 and it
remains undisputed that he was suffering from acute
kidney disease. The petitioner has a serious challenge
against the eviction petition on merit. Considering all
these aspects, we are of the view that it would only be
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just and proper to permit her to contest the matter on
merit by setting aside Annexure A2 ex parte order by
condoning the delay. However, the petitioner is bound
to compensate the respondent for the loss and suffering
owing to the delay occasioned in the meanwhile.
6. In the result, the revision petition is
allowed and Annexure A2 order is set aside on the
following conditions:
(i) The petitioner shall deposit the alleged
arrears of rent before the Rent Control Court
on or before 02.06.2025.
(ii) The petitioner shall pay Rs.5,000/-
(Rupees Five Thousand only) to the respondent
through his counsel appearing before this
Court.
(ii) The parties shall appear before the Rent
Control Court on 02/06/2025.
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(iii) The petitioner shall fully cooperate
with the trial and appear before the court as
and when directed by it.
If the petitioner does not comply with any of the above
conditions, this order shall be treated as cancelled
and then the respondent will be at liberty to proceed
against the petitioner for vacating the petition-
scheduled premises based on the original order.
Considering the undue delay occurred in this
matter, the Rent Control Court shall take all efforts
to dispose of the matter before 31.08.2025.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
sv
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PETITIONER'S ANNEXURES
Annexure 1 A TRUE COPY OF THE PETITION IN RCP NO.
58/2014 OF THE HON'BLE RENT CONTROL COURT
(MUNSIFF), KOYILANDY DATED 10-12-2014
Annexure A2 A TRUE COPY OF THE ORDER SO PASSED BY THE
HON'BLE RENT CONTROL COURT (MUNSIFF),
KOYILANDY DATED 13-07-2015
Annexure A3 A TRUE COPY OF THE EP. NO.99/2018 FILED IN
RCP NO. 58/2014 OF THE HON'BLE RENT CONTROL
COURT (MUNSIFF), KOYILANDY DATED 06-12-2018
Annexure A4 A TRUE COPY OF THE IA 1263/2019 FOR SETTING
ASIDE THE EX PARTE ORDER ALONG WITH THE
SUPPORTING AFFIDAVIT DATED 25-10-2019
Annexure A5 A TRUE COPY OF THE IA 1262/2019 FOR
CONDONATION OF DELAY ALONG WITH THE
SUPPORTING AFFIDAVIT DATED 25-10-2019
Annexure A6 THE LEARNED RENT CONTROLLER SUBSEQUENTLY
PASSED A COMMON ORDER DATED 28-10-2021 IN
I.A. NOS. 1262 OF 2019 AND 1263 OF
