Kerala High Court
Anta Builders & Developers Private ... vs Thykoodam Edavaka Cristeeya Sangam on 20 February, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:14621
O.P. (RC) No.44 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA,
1946
OP (RC) NO. 44 OF 2025
AGAINST THE ORDER DATED 30.03.2024 IN RCP NO.143 OF
2022 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT
CONTROL)
PETITIONER/RESPONDENT IN RCP:
ANTA BUILDERS & DEVELOPERS PRIVATE LIMITED
JUBILEE MEMORIAL BUILDING, THYKOODAM, VYTTILA
(PO), REPRESENTED BY ITS MANAGING DIRECTOR
MR.MIDHUN KURUVILA KURIAN SON OF MR. VK.
KURUVILA, VANDANATHIL HOUSE, MANGATTOOT DESAM,
IKARANADU SOUTH VILLAGE, KOLENCHERRY, PIN - 682
019
BY ADVS.
SHAJI CHIRAYATH
JIJI M. VARKEY
M.K.SAFEELA BEEVI
SAVITHA GANAPATHIYATAN
M.M.SHAJAHAN
RESPONDENT/PETITIONER IN RCP:
THYKOODAM EDAVAKA CRISTEEYA SANGAM
VYTTILA (PO), ERNAKULAM REPRESENTED BY ITS
2025:KER:14621
O.P. (RC) No.44 of 2025
2
SECRETARY, PIN - 682 019
BY ADV PAVAN ROSE JOHNSON
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 20.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:14621
O.P. (RC) No.44 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
This is yet another case where we find that the Rent
Control Court failed to adhere to the basics in passing an order
based on a compromise in a rent control proceedings initiated
to evict the tenant. The Rent Control Court, Ernakulam passed
an order on 30.03.2024 in RCP No.143 of 2022. The order
reads thus:
"Petitioner is represented. Matter settled in
mediation. A mediation report is produced.
Heard on mediation agreement the terms of
which are found lawful and hence accepted.
Petition is allowed in terms of compromised
dated 27.02.2024. the compromise dated
27.02.2024 shall form part of the orders."
2. It is the mandate of law that even in the
matter of compromise, the Rent Control Court has to apply its
mind while ordering eviction and eviction should be based on
any of the grounds under Section 11 of the Kerala Buildings
(Lease and Rent Control) Act, 1965 (for short "Act"). The
tenant is free to admit or acknowledge the grounds of eviction
sought by the landlord. Based on such admission, the Rent
Control Court has to arrive at the satisfaction under 11(10) of
the Act to pass an order of eviction on any of the grounds
envisaged under Section 11 of the Act.
2025:KER:14621
3. In this matter, absolutely no grounds of
eviction have been referred to except for ordering that the
parties will follow the terms and conditions in the compromise.
In such circumstances, we are of the view that the order in
RCP No.143 of 2022 has to be set aside and a fresh order shall
be passed by the Rent Control Court based on the compromise
and such order shall be in accordance with any of the grounds
referred to under Section 11 of the Act based on the
admissions of the parties in the compromise. The parties are
directed to appear before the Rent Control Court, Ernakulam on
27.02.2025 and thereafter, a fresh order shall be passed within
one week thereon.
4. Any payments so far effected shall be
considered if any order is being passed under Section 11(2)(a)
(b) of the Act.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
2025:KER:14621
APPENDIX OF OP (RC) 44/2025
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE RENT CONTRAL PETITION 143
OF 2022 DATED 30TH SEPTEMBER 2022 ON
THE FILES OF HON'BLE RENT CONTROLLER
Exhibit P2 COPY OF THE MEDIATION AGREEMENT FOR
COMPROMISE DATED 27TH FEBRUARY 2024
Exhibit P3 COPY OF THE FINAL ORDER PASSED IN RENT
CONTRAL PETITION NO. 143 OF 2022 DATED
30TH MARCH 2024 ON THE FILES OF HON'BLE
RENT CONTROLLER
Exhibit P4 COPY OF THE EXECUTION PETITION NO. 289
OF 2024 IN RENT CONTRAL PETITION 143 OF
2022 DATED 12TH AUGUST 2024
Exhibit P5 COPY OF THE OBJECTION TO EXECUTION
PETITION NO. 289 OF 2024 DATED 20TH
NOVEMBER 2024
Exhibit P6 COPY OF THE INTERLOCUTORY APPLICATION
NO 3 OF 2024 IN RENT CONTRAL PETITION
NO. 143 OF 2022 DATED 20TH NOVEMBER
Exhibit P7 COPY OF THE ORDER DATED 28TH NOVEMBER
2024 IN ORIGINAL PETITION (RENT
CONTROL) NO. 184 OF 2024 ON THE FILES
OF THIS HON'BLE COURT
Exhibit P8 COPY OF THE PAYMENT RECEIPTS AS WELL AS
TDS CERTIFIED PURSUANT TO EXHIBIT P7
ORDER
Exhibit P9 COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT
OF CHEQUE FOR A SUM OF `2,63,511/-
AND DETAILED ACCOUNTS STATEMENTS OF
PAYMENTS MADE BY THE PETITIONER TO
TOWARDS EXHIBIT P2 COMPROMISE
Exhibit P10 COPY OF THE JUDGMENT DATED 9TH JANUARY
2025 IN ORIGINAL PETITION (RENT
2025:KER:14621
CONTROL) NO. 184 OF 2024 ON THE FILES
OF THIS HON'BLE COURT
Exhibit P11 COPY OF THE ORDER DATED 26TH NOVEMBER
2024 INTERLOCUTORY APPLICATION NO 3 OF
OF 2022
