Kerala High Court
Mariammajoy John vs K.T. Thomas on 12 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RCREV.NOs.47, 48,
49 and 50 OF 2025 1 2025:KER:41754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
RCREV. NO. 47 OF 2025
AGAINST THE JUDGMENT DATED 10.01.2025 IN RCA NO.12 OF
2023 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA ARISING OUT
OF THE ORDER DATED 24.08.2023 IN RCP NO.1 OF 2023 OF MUNSIFF
COURT, CHENGANNUR
REVISION PETITIONER/1ST RESPONDENT/ADDITIONAL 2ND PETITIONER:
MARIAMMA JOY JOHN
AGED 76 YEARS
W/O. LATE JOY VELLURUZHATHIL JOHN,
UZHATHIL HOUSE,
VAZHARMANAGALAM,
CHENGANNUR P.O.,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
SMT.PRAJISHA O.K.
RCREV.NOs.47, 48,
49 and 50 OF 2025 2 2025:KER:41754
RESPONDENTS/APPELLANTS 1 AND 2 & RESPONDENTS 2 TO
4/RESPONDENTS 1 AND 2 AND ADDITIONAL
PETITIONERS 3 AND 4 AND
ADDITIONAL 3RD RESPONDENT:
1 MARIAMA SAMUEL
AGED 83 YEARS
KAIPALLIMADOM PEEDIKAYIL HOUSE,
KEEZHCHERIMEL MURI,
CHENGANNUR VILLAGE,
ALAPPUZHA DISTRICT,
PIN - 689121
2 P.S. ANIYAN
AGED 61 YEARS
S/O MARIYAMMA SAMUEL,
KAIPALLIMADOM PEEDIKAYIL HOUSE,
KEEZHCHERIMEL MURI,
CHENGANNUR VILLAGE
ALAPPUZHA DISTRICT,
PIN - 689121
3 SHERLY JOHN
AGED 46 YEARS
D/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
4 DEVIS JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
RCREV.NOs.47, 48,
49 and 50 OF 2025 3 2025:KER:41754
5 SHERIN JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
(NOW AT CENTRAL JAIL POOJAPPURA,
THIRUVANANTHAPURAM),
PIN - 689121
BY ADVS.
SRI.N.ASHOK KUMAR
SRI.RISHIKESH HARIDAS
SHRI.ARJUN S.KURUPP
SMT.ARSHA S KURUP
KUM.SREEJI K.B.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.06.2025, ALONG WITH RCRev..48/2025, 49/2025 AND 50/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.47, 48,
49 and 50 OF 2025 4 2025:KER:41754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
RCREV. NO. 48 OF 2025
AGAINST THE JUDGMENT DATED 10.01.2025 IN RCA NO.14 OF
2023 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA ARISING OUT
OF THE ORDER DATED 24.08.2023 IN RCP NO.4 OF 2013 OF MUNSIFF
COURT, CHENGANNUR
REVISION PETITIONER/1ST RESPONDENT/ADDITIONAL 2ND PETITIONER:
MARIAMMA JOY JOHN
AGED 76 YEARS
W/O. LATE JOY VELLURUZHATHIL JOHN,
UZHATHIL HOUSE,
VAZHARMANAGALAM,
CHENGANNUR P.O.,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
SMT.PRAJISHA O.K.
RCREV.NOs.47, 48,
49 and 50 OF 2025 5 2025:KER:41754
RESPONDENTS/2ND APPELLANT AND ADDITIONAL
RESPONDENT 2 TO 7/RESPONDENTS 2 TO 4
AND ADDITIONAL PETITIONERS 3 AND 4:
1 SUNIL
S/O.SUKUMARAN,
KALATHARAYIL HOUSE,
THITTAMEL MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
2 SARITHA
AGED 35 YEARS
W/O. LATE SURESH BABU,
KANATHIL HOUSE,
PONAKAM,
PUNNAMOODU,
MAVELIKKARA,
ALAPPUZHA DISTRICT,
PIN - 690101
3 APARNA S.
AGED 17 YEARS
D/O. LATE SURESH BABU, (MINOR),
KANATHIL HOUSE,
PONAKAM,
PUNNAMOODU,
MAVELIKKARA
REPRESENTED HER MOTHER SARITHA
W/O.LATE SURESH BABU,
KANATHIL HOUSE,
PONAKAM,
PUNNAMOODU,
MAVELIKKARA,
ALAPPUZHA DISTRICT,
PIN - 690101
4 AKASH S. BABU
AGED 13 YEARS
S/O SURESH BABU, (MINOR),
KANATHIL HOUSE,
RCREV.NOs.47, 48,
49 and 50 OF 2025 6 2025:KER:41754
PONAKAM,
PUNNAMOODU, MAVELIKKARA,
REPRESENTED HIS MOTHER SARITHA
W/O. LATE SURESH BABU,
KANATHIL HOUSE,
PONAKAM,
PUNNAMOODU,
MAVELIKKARA,
ALAPPUZHA DISTRICT,
PIN - 690101
5 SHERLY JOHN
AGED 46 YEARS
D/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
6 DEVIS JOHN
S/O. MARIAMMA JOHN,
UZHATHILVEETTIL,
VAZHARMANGALAMMURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
7 SHERIN JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK
(NOW AT CENTRAL JAIL POOJAPPURA,
THIRUVANANTHAPURAM ),
PIN - 689121
BY ADVS.
SRI.N.ASHOK KUMAR
SRI.RISHIKESH HARIDAS
SHRI.ARJUN S.KURUPP
RCREV.NOs.47, 48,
49 and 50 OF 2025 7 2025:KER:41754
SMT.ARSHA S KURUP
KUM.SREEJI K.B.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.06.2025, ALONG WITH RCRev..47/2025, 49/2025 AND 50/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.47, 48,
49 and 50 OF 2025 8 2025:KER:41754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
RCREV. NO. 49 OF 2025
AGAINST THE JUDGMENT DATED 10.01.2025 IN RCA NO.13 OF
2023 OF ADDITIONAL DISTRICT COURT-I, MAVELIKKARA ARISING OUT
OF THE ORDER DATED 24.08.2023 IN RCP NO.2 OF 2013 OF MUNSIFF
COURT, CHENGANNUR
REVISION PETITIONER/1ST RESPONDENT/ADDITIONAL 2ND PETITIONER:
MARIAMMA JOY JOHN
AGED 76 YEARS
W/O. LATE JOY VELLURUZHATHIL JOHN,
UZHATHIL HOUSE,
VAZHARMANAGALAM,
CHENGANNUR P.O.,
CHENGANNUR VILLAGE,
CHENGANNURTALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
SMT.PRAJISHA O.K.
RCREV.NOs.47, 48,
49 and 50 OF 2025 9 2025:KER:41754
RESPONDENTS/APPELLANTS 1 TO 5 & RESPONDENTS 2 TO 4/LEGAL
HEIRS OF RESPONDENTS 1 AND 2 & ADDITIONAL
PETITIONERS 3 AND 4 ADDITIONAL 4TH RESPONDENT:
1 RAJENDRAN
AGED 53 YEARS
S/O. LATE PONNAPPAN PILLAI,
GOVINDA VILASAM,
KEEZHCHERIMEL MURI,
CHENGANNUR VILLAGE,
ALAPPUZHA DISTRICT,
PIN - 689121
2 RADHAKRISHNAN
AGED 51 YEARS
S/O. LATE PONNAPPAN PILLAI,
THATTARETHU VEEDU,
KUTTOOR P.O.,
THIRUVALLA,
PATHANAMTHITTA DISTRICT,
PIN - 689102
3 LEELAMANI
AGED 54 YEARS
D/O. LATE PONNAPPAN PILLAI,
THATTARETHU VEEDU,
KUTTOOR P.O.,
THIRUVALLA,
PATHANAMTHITTA DISTRICT,
PIN - 689102
4 SUJATHA
AGED 48 YEARS
D/O. LATE PONNAPPAN PILLAI,
THATTARETHU VEEDU,
KUTTOOR P.O.,
THIRUVALLA,
PATHANAMTHITTA DISTRICT,
PIN - 689102
RCREV.NOs.47, 48,
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5 AMBILI
AGED 40 YEARS
D/O. LATE PONNAPPAN PILLAI,
THATTARETHU VEEDU,
KUTTOOR P.O.,
THIRUVALLA,
PATHANAMTHITTA DISTRICT,
PIN - 689102
6 SHERLY JOHN
AGED 45 YEARS
D/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
7 DEVIS JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
8 SHERIN JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK
(NOW AT CENTRAL JAIL POOJAPPURA,
THIRUVANANTHAPURAM),
PIN - 689121
BY ADVS.
SRI.N.ASHOK KUMAR
RCREV.NOs.47, 48,
49 and 50 OF 2025 11 2025:KER:41754
SRI.RISHIKESH HARIDAS
SHRI.ARJUN S.KURUPP
SMT.ARSHA S KURUP
KUM.SREEJI K.B.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.06.2025, ALONG WITH RC Rev.NOS.47/2025, 48/2025 AND
50/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.47, 48,
49 and 50 OF 2025 12 2025:KER:41754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 12TH DAY OF JUNE 2025 / 22ND JYAISHTA, 1947
RCREV. NO. 50 OF 2025
AGAINST THE JUDGMENT DATED 10.01.2025 IN RCA NO.15 OF
2023 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA ARISING OUT
OF THE ORDER DATED 24.08.2023 IN RCP NO.3 OF 2013 OF MUNSIFF
COURT, CHENGANNUR
REVISION PETITIONER/1ST RESPONDENT/ADDITIONAL 2ND PETITIONER:
MARIAMMAJOY JOHN
AGED 76 YEARS
W/O. LATE JOY VELLURUZHATHIL JOHN,
UZHATHIL HOUSE,
VAZHARMANAGALAM,
CHENGANNUR P.O.,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
BY ADVS.
SRI.P.HARIDAS
SHRI.BIJU HARIHARAN
SMT.SHIJIMOL M.MATHEW
SRI.P.C.SHIJIN
SMT.ROSHIN MARIAM JACOB
SMT.PRAJISHA O.K.
RCREV.NOs.47, 48,
49 and 50 OF 2025 13 2025:KER:41754
RESPONDENT(S)/APPELLANT AND
RESPONDENTS 2 TO 4/1ST RESPONDENT
AND ADDITIONAL PETITIONERS 3 AND 4
AND ADDITIONAL 2ND RESPONDENT:
1 K.T. THOMAS
KADAKKETHU HOUSE,
ANGADICKAL MURI,
CHENGHANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
2 SHERLY JOHN
AGED 46 YEARS
D/O. MARIAMMA JOHN,
UZHATHILVEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
3 DEVIS JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK,
ALAPPUZHA DISTRICT,
PIN - 689121
4 SHERIN JOHN
S/O. MARIAMMA JOHN,
UZHATHIL VEETTIL,
VAZHARMANGALAM MURI,
CHENGANNUR VILLAGE,
CHENGANNUR TALUK
(NOW AT CENTRAL JAIL POOJAPPURA,
THIRUVANANTHAPURAM),
PIN - 689121
RCREV.NOs.47, 48,
49 and 50 OF 2025 14 2025:KER:41754
BY ADVS.
SRI.N.ASHOK KUMAR
SRI.RISHIKESH HARIDAS
SHRI.ARJUN S.KURUPP
SMT.ARSHA S KURUP
KUM.SREEJI K.B.
THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON
12.06.2025, ALONG WITH RC Rev.NOS.47/2025, 48/2025 AND
49/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RCREV.NOs.47, 48,
49 and 50 OF 2025 15 2025:KER:41754
ORDER
A.Muhamed Mustaque, J.
These Rent Control Revision Petitions are at the
instance of the landlady challenging the dismissal of her
application for eviction on the ground of Sections 11(3) and
11(4)(iv) of the Building (Lease and Rent Control) Act, 1965.
The Rent Control Petitions were originally instituted by her
late husband, who was the owner of the building. In the
amended petition, it was specifically pleaded that he required
the building bona fide for his own occupation along with his
wife, as he did not own any other building in the locality. It
was further averred that the building is in a dilapidated
condition and therefore requires reconstruction. It is also
pleaded that, after demolition, the building will be used for his
residential purpose. During the pendency of the Rent Control
Petitions, her husband died. Thereafter, the revision petitioner
got impleaded. She filed an application for amendment vide
I.A.No.8 of 2023, along with similar interlocutory applications
RCREV.NOs.47, 48,
49 and 50 OF 2025 16 2025:KER:41754
in the connected matters. In the amended application, it is
specifically pleaded that she wanted to reconstruct the
building and convert it into a residential-cum-commercial
building. However, the application was dismissed by a
common order dated 24.08.2023, on the ground that such an
amendment can be allowed only if filed within a reasonable
time, as provided under Order VI Rule 17 of the Code of Civil
Procedure. However, the Rent Control Court allowed the
eviction. In appeal, the Appellate Authority reversed the order
of eviction on merits. In that process, the Appellate Authority
failed to note that the application filed by the revision
petitioner for amendment has an impact on the eviction
petition. If that was properly comprehended, the Appellate
Authority could not have decided the matter based on the
pleadings originally raised by her late husband and the
evidence subsequently adduced in support of those pleadings.
The question that ought to have been considered by the
Appellate Authority was whether the amendment could have
been allowed, which, in fact, projected a subsequent event
RCREV.NOs.47, 48,
49 and 50 OF 2025 17 2025:KER:41754
and was based on a cause of action that arose consequent
upon the death of her late husband.
2. We are of the view that the applications ought to
have been allowed giving an opportunity to both sides to
adduce evidence and also an opportunity to the tenant to
raise objections. If the amendment applications are allowed,
the pleadings and evidence will have to be in accordance with
the amended pleadings and that is exactly the situation in the
present case. The original pleadings were based on the need
projected by the deceased, and the subsequent need was
projected based on the requirement of the revision petitioner,
who is the widow of the original petitioner.
3. In such a scenario, we are of the view that these
Rent Control Revision Petitions are to be allowed. The
impugned order has to be set aside for fresh consideration.
The amendment stands allowed. The petitioner shall
incorporate the amendment within two weeks of appearance.
The parties are directed to appear before the Rent Control
RCREV.NOs.47, 48,
49 and 50 OF 2025 18 2025:KER:41754
Court on 30.06.2025. The amended Rent Control Petitions
shall be produced before the Rent Control Court within two
weeks thereafter. Thereafter, the respondents shall raise their
objections to the amendment within a further period of two
weeks, and the entire trial in this matter shall be concluded
within a further period of three months thereafter. If there is
any pending application, the same shall also be tagged along
with this matter for a joint trial.
These Rent Control Revision Petitions are allowed as
above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
JOHNSON JOHN, JUDGE
rkj
RCREV.NOs.47, 48,
49 and 50 OF 2025 19 2025:KER:41754
PETITIONER ANNEXURES
Annexure 1 THE ORIGINAL STATEMENT OF ACCOUNT NO.
1003536316824 (PRIMARY A/C.) MAINTAINED
WITH WELLS FRAGO BANK, TEXAS, U.S.A. FROM
02.01.2025 TO 28.02.2025 ISSUED BY WELLS
FRAGO BANK
Annexure 2 THE ORIGINAL COPY OF THE QUARTERLY
STATEMENT OF ACCOUNT FROM OCTOBER 01,
2024 TO DECEMBER 31, 2024 ISSUED BY
METLIFE INSURANCE COMPANY, DES MOINES
U.S.A
