Kerala High Court
Dr.Firoz P.Iqbal vs K.N.Abdul Gafoor on 26 March, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:25741
R.C.R Nos.68 and 32 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
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
RCREV. NO. 68 OF 2025
AGAINST THE JUDGMENT DATED 11.12.2024 IN RCA NO.25 OF
2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII,
ERNAKULAM / III ADDITIONAL MACT, ERNAKULAM ARISING OUT OF
THE ORDER DATED 25.11.2020 IN RCP NO.182 OF 2018 OF III
ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
REVISION PETITIONER/APPELLANT/PETITIONER:
DR.FIROZ P.IQBAL, AGED 58 YEARS, S/O. LATE
MUHAMMED IQBAL, DOOR NO.15/16A, B BLOCK, KENT HAIL
GARDEN,JAWAHARLAL NEHRU STADIUM LINK ROAD,
PALARIVATTOM, KOCHI., PIN - 682 025
BY ADVS.
DINESH R.SHENOY
PANCHAMI MENON
NANDANA S. SREENATH
SHANTHIPRIYA D. SHENOY
MOHAMED SHALI NAMSHAD
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1 K.N.ABDUL GAFOOR, S/O. C.K.KASMI, 'RANGOON', NEAR
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R.C.R Nos.68 and 32 of 2025
2
MARVAL MANSION, KATHRIKADAVU, KOCHI., PIN - 682
017
2 K.N.MARZOOK, AGE NOT KNOWN TO THE PETITIONER, S/O.
C.K.KASMI, METRO PLUS (FEATHERLITE SHOWROOM)
BUILDING 66/1411 & 66/1142, ADJACENT TO TOWN HALL,
ERNAKULAM, KOCHI., PIN - 682 018
BY ADVS.
Basil Mathew
NINAN JOHN(K/346/1997)
SANJANA SARA VARGHESE ANNIE(K/000582/2018)
ARYA A.R.(K/1666/2018)
MARGRET MARIA SIJU(K/3686/2024)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 26.03.2025, ALONG WITH RCRev..32/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:25741
R.C.R Nos.68 and 32 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
RCREV. NO. 32 OF 2025
AGAINST THE JUDGMENT DATED 11.12.2024 IN RCA NO.25 OF
2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII,
ERNAKULAM / III ADDITIONAL MACT, ERNAKULAM ARISING OUT OF
THE ORDER DATED 25.11.2020 IN RCP NO.182 OF 2018 OF III
ADDITIONAL MUNSIFF COURT, ERNAKULAM (RENT CONTROL)
REVISION PETITIONER/2ND RESPONDENT/2ND RESPONDENT:
K N MARZOOK, AGED 62 YEARS, S/O. C.K KASMI, METRO
PLUS (FEATHERLITE SHOWROOM), BUILDING # 66/1411 &
66/1142, ADJACENT TO TOWN HALL, KOCHI, ERNAKULAM,
PIN - 682 018
BY ADVS.
BASIL MATHEW
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
ARYA A.R.
P.VISWANATHAN (SR.)(K/000283/1986)
RESPONDENTS / APPELLANT & 1ST RESPONDENT / PETITIONER & 1ST
RESPONDENT :
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R.C.R Nos.68 and 32 of 2025
4
1 DR. FIROZ P IQBAL, AGED 58 YEARS, S/O. LATE
MUHAMMED IQBAL, DOOR NO.15/16A, B BLOCK, KENT HAIL
GARDEN, JAWAHARLAL NEHRU STADIUM LINK ROAD,
PALARIVATTOM, KOCHI, ERNAKULAM, PIN - 682 025
2 K N ABDUL GAFOOR, AGED 60 YEARS, S/O. C.K KASMI,
'RANGOON', NEAR MARVEL MANSION, KATHRIKADAVU,
KOCHI, ERNAKULAM, PIN - 682 017
BY ADVS.
DINESH R.SHENOY
SHANTHIPRIYA D. SHENOY(K/4066/2024)
PANCHAMI MENON(K/2361/2023)
MOHAMED SHALI NAMSHAD(K/004273/2024)
NANDANA S. SREENATH(K/4050/2023)
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 26.03.2025, ALONG WITH RCRev..68/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:25741
R.C.R Nos.68 and 32 of 2025
5
ORDER
[RCRev. Nos.68/2025, 32/2025]
A. Muhamed Mustaque, J.
These matters arise from orders passed by the Rent
Control Court and the Appellate Court in applications under
Section 12(1) of the Kerala Buildings (Lease and Rent Control)
Act, 1965 (for short "Act"). The first respondent remained ex-
parte. The second respondent wants to contest the matter. The
Rent Control Court, noting that the second respondent is only
arrayed as a sub tenant, had dismissed the application under
Section 12(1) of the Act. The landlord took up the matter before
the Appellate Authority. The Appellate Authority noted that if the
second respondent wants to contest the matter, he will have to
pay the admitted arrears of rent and accordingly passed an order
under Section 12(1) of the Act. This is questioned before this
Court in the Rent Control Revision Petition by the second
respondent - sub tenant.
2. We heard the matter on several occasions. In
the previous occasion, it was submitted before this Court that the
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R.C.R Nos.68 and 32 of 2025
second respondent does not want to contest the matter. An
affidavit has been filed before this Court. This Court was not
satisfied with that affidavit filed on 20.03.2025. Thereafter,
another affidavit was filed on 24.03.2025, in which it is stated as
follows:
"I hereby submit that, I have decided not to further
contest RCP 182/2018 pending before the Rent Control
Court, Ernakulam. The above submission also may be
recorded into the file."
3. In view of the affidavit, in unequivocal terms
that the second respondent does not want to contest the matter,
nothing remains in the matter except for the Rent Control Court
to decide on the main matter and pass orders, as there is no
contest.
4. The learned counsel for the second respondent
prayed to set aside the order of the Appellate Authority. This was
opposed by the learned counsel for the landlord. The order under
Section 12(1) of the Act has been passed to enable the tenant or
the sub tenant, as the case may be, to contest the matter. If
they do not want to contest the matter, there is no scope for
passing any order under Section 12(3) of the Act. In such
circumstances, the order has become inoperative. However, who
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R.C.R Nos.68 and 32 of 2025
is accountable to pay the rent is a matter to be decided in an
appropriate manner in civil proceedings claiming rent by the
landlord. Accordingly, we dispose of these revision petitions with
the following directions:
(I) We direct the Rent Control Court to reschedule
the hearing and to advance the Rent Control Petition for taking
evidence as per the law on 28.03.2025 and pass orders on the
petition filed by the landlord claiming eviction on any of the
grounds on which eviction was sought.
The Registry shall communicate this order to the Rent
Control Court, Ernakulam for rescheduling the hearing.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
