Kerala High Court
Ayishabi vs M. Imbicheebi on 17 January, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:3608
O.P.(RC) No.211 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
OP (RC) NO. 211 OF 2024
AGAINST THE ORDER DATED 31.08.2024 IN IA
NO.L1006/2017 IN RCP NO.139 OF 2014 OF ADDITIONAL MUNSIFF
COURT, KOZHIKODE-I
PETITIONERS/SUPPLEMENTAL RESPONDENT NOS.3 TO 6 AND 8 TO
11 IN IA/SUPPLEMENTAL RESPONDENT NOS.3 TO 6 AND 8 TO 11
IN RCP:
1 AYISHABI, AGED 72 YEARS, W/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
2 MUHAMMED HARIS, AGED 49 YEARS, S/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
3 MUHAMMED ILYAS, AGED 46 YEARS, S/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
4 MUHAMMED YUNUS, AGED 42 YEARS, S/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
5 MEHARUNNISA, AGED 55 YEARS, D/O. P.V.ALIKOYA
(LATE), GRACE, KUTTICHIRA, KUTTICHIRA POST,
KOZHIKODE, PIN - 673 001
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O.P.(RC) No.211 of 2024
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6 RASIYA, AGED 52 YEARS, D/O. P.V.ALIKOYA (LATE),
14/741, MEHRU VILLA, NEAR CALICUT GIRLS HIGH
SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
7 KAMARUNNISA, AGED 50 YEARS, D/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
8 RABIYA, AGED 38 YEARS, D/O. P.V.ALIKOYA (LATE),
14/741, MEHRU VILLA, NEAR CALICUT GIRLS HIGH
SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
BY ADVS.
K.M.FIROZ
M.SHAJNA
RESPONDENTS/PETITIONERS IN IA AND RESPONDENT NO.2 AND
SUPPLEMENTAL RESPONDENT NOS.7 IN I.A./SUPPLEMENTAL
PETITIONER NOS.2 TO 6 IN RCP AND RESPONDENT NO.2 AND
SUPPLEMENTAL RESPONDENT NO.7 IN RCP:
1 M. IMBICHEEBI, AGED 75 YEARS, W/O. P.K. MAMUKOYA
(LATE), ASHIRVAD, THIRUVANNUR NADA, PANNIYANKARA
AMSOM DESOM, KOZHIKODE TALUK 673003, PIN - 673
003
2 M. ABDUL KHADAR, AGED 59 YEARS, S/O. P.K.
MAMUKOYA (LATE), ASHIRVAD, THIRUVANNUR NADA,
PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK, PIN -
673 003
3 M. ABDULLA KOYA, AGED 57 YEARS, S/O. P.K.
MAMUKOYA (LATE), ASHIRVAD, THIRUVANNUR NADA,
PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK, PIN -
673 003
4 M. MAHAMOOD, AGED 55 YEARS, S/O. P.K. MAMUKOYA
(LATE), 23/1640 B, RAISAL, PO KALLAI, ASHIRVAD,
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O.P.(RC) No.211 of 2024
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THIRUVANNUR NADA, PANNIYANKARA AMOMS DESOM,
KOZHIKODE, PIN - 673 003
5 SULEKHA M, AGED 51 YEARS, D/O. P.K. MAMUKOYA
(LATE), ASHIRVAD, THIRUVANNUR NADA, PANNIYANKARA
AMSOM DESOM, KOZHIKODE TALUK, PIN - 673 003
6 C.K.V. FAISAL ALI, AGED 50 YEARS, S/O. MOOSA
KOYA, C/O. M/S. PEE VEE TRADERS, MERCHANT AND
COMMISSION AGENTS, 9/346, VALIYANGADI,
KOZHIKODE, PIN - 673 001
7 MUHAMMED IDREES, AGED 40 YEARS, S/O. P.V.ALIKOYA
(LATE), 14/741, MEHRU VILLA, NEAR CALICUT GIRLS
HIGH SCHOOL, KANDUGAL, KOZHIKODE, PIN - 673 003
BY ADVS.
JACOB ABRAHAM
AMMU ABRAHAM(K/001648/2024)
KOCHUMOL KODUVATH(K/96/1987)
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 17.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P.(RC) No.211 of 2024
4
JUDGMENT
A. Muhamed Mustaque, J.
The petitioners are the tenants. The eviction
petition was filed against them under Sections 11(2)(b)
and 11(4)(ii) along with an application under Section 5 of
the Kerala Buildings (Lease and Rent Control) Act, 1965
(for short "Act") for fixation of fair rent. Pending the rent
control petition, the landlord died and his legal heirs got
impleaded in the proceedings. Thereafter, an amendment
was sought to incorporate another ground of eviction
under Section 11(3) of the Act. The amendment petition
has been resisted by the tenants. However, by a detailed
order, the amendment petition has been allowed by the
learned Rent Controller and permitted the legal heirs to
amend the rent control petition.
2. The learned counsel for the petitioners,
assailing this order, would submit that the ground for
eviction under Section 11(3) is a separate cause of action
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and it cannot be clubbed with the petition for eviction
already made under different grounds. It is further
submitted that since landlord had already sought fixation
of fair rent under Section 5 of the Act, there is a bar in
seeking eviction within five years, once the fair rent is
fixed. Therefore, the Rent Control Court ought not have
entertained the amendment petition to incorporate a new
ground for eviction. The petitioner has relied on the
Judgment of the Apex Court in Mohammad Ahmad and
Another v. Atma Ram Chauhan and Others [2011
KHC 4505].
3. We are called upon to decide the propriety
of the order in the Rent Control Petition. We also heard
the learned counsel Sri. Jacob Abraham appearing for the
respondents.
4. The learned counsel for the respondents
submits that absolutely there is no bar in incorporating a
new ground for eviction and no prejudice will be caused to
the tenants and it is to avoid multiplicity of the
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proceedings, the landlord decided to amend the rent
control petition to incorporate a new ground for eviction.
5. Having considered the submissions as
above, we are of the view that there is no scope to invoke
our power under Article 227 of the Constitution of India as
there is no jurisdictional error committed by the Rent
Control Court. Whether this amendment is allowable or
not and would cause prejudice to the tenants can be
decided at the time of trial. Untrammelled by any
observations in the impugned order, the Rent Control
Court shall examine whether any prejudice has been
caused to the tenants while incorporating a new ground
for eviction under Section 11(3) of the Act. Further, we
also reserve liberty to the petitioners to challenge this
order in appeal, if finally aggrieved.
6. The learned counsel for the petitioners
sought two weeks time to file a counter affidavit to the
petition by which the new ground was incorporated. We
grant two weeks time to the petitioners.
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7. We make it clear that the tenants should
be given adequate opportunity to contest the ground
under Section 11(3) of the Act. The Rent Control Court
shall dispose of the matter before the summer vacation.
With the observations as above, this original
petition stands disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
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APPENDIX OF OP (RC) 211/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RENT CONTROL PETITION IN
R.C.P. NO. 139 OF 2014 ON THE FILES OF
RENT CONTROL COURT / ADDITIONAL MUNSIFF -
I, KOZHIKODE DATED 30.05.2014
Exhibit P2 TRUE COPY OF THE OBJECTION IN RCP NO. 139
OF 2014 ON THE FILES OF RENT CONTROL COURT
/ ADDITIONAL MUNSIFF - I, KOZHIKODE DATED
06.10.2014
Exhibit P3 TRUE COPY OF THE COUNTER STATEMENT FILED
BY SUPPLEMENTAL RESPONDENT NOS. 3 TO 6 AND
FILES OF RENT CONTROL COURT / ADDITIONAL
MUNSIFF - I, KOZHIKODE DATED 17.12.2020
Exhibit P4 TRUE COPY OF I.A. NO. 1006 OF 2017 IN RCP
NO. 139 OF 2014 ON THE FILES OF RENT
CONTROL COURT / ADDITIONAL MUNSIFF'S COURT
- I, KOZHIKODE DATED 01.03.2017
Exhibit P5 TRUE COPY OF THE OBJECTION PREFERRED BY
TO 11 IN I.A. NO. 1006 OF 2017 IN RCP NO.
139 OF 2014 ON THE FILES OF RENT CONTROL
COURT / ADDITIONAL MUNSIFF'S COURT - I,
KOZHIKODE DATED 15.01.2021
Exhibit P6 TRUE COPY OF ORDER DATED 27.09.2022 IN
I.A. NO. 1006 OF 2017 IN RCP NO. 139 OF
2014 PASSED BY CONTROL COURT / ADDITIONAL
MUNSIFF - I, KOZHIKODE
Exhibit P7 TRUE COPY OF THE JUDGMENT PASSED BY THE
HON'BLE HIGH COURT DATED 01.03.2024 IN OP
(RC) NO. 34 OF 2023
Exhibit P8 TRUE COPY OF THE ORDER DATED 31.08.2024
PASSED BY THE HON'BLE RENT CONTROL COURT
KOZHIKODE IN I.A. NO 1006 OF 2017 IN RCP
NO. 139 OF 2014
