Prakasan C.K vs Brijila T.P
2026 Latest Caselaw 1909 Ker

Kerala High Court

Prakasan C.K vs Brijila T.P on 20 February, 2026

                                               2026:KER:15466
OP (RC) NO. 246 OF 2025

                            -1-
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN

                               &

          THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947

                    OP (RC) NO. 246 OF 2025

        AGAINST THE ORDER DATED 09.04.2025 IN IA 1/2025 IN

RCA NO.35 OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT

CONTROL APPELLATE AUTHORITY I, KOZHIKODE ARISING OUT OF THE

ORDER DATED 31.01.2025 IN IA 9/2023 IN RCP NO.41 OF 2020 OF

PRINCIPAL MUNSIFF COURT KOZHIKODE-I

PETITIONER(S)/PETITIONERS/APPELLANTS/RESPONDENTS 2 AND 3:

    1      PRAKASAN C.K.
           AGED 56 YEARS
           S/O GOPALAN, PUNNATHIL MEETHAL, CHELAVOOR
           VILLAGE, VELLIPARAMBA POST, KOZHIKODE TALUK,
           KOZHIKODE DISTRICT., PIN - 673008

    2      .SEENA MATHEW
           AGED 49 YEARS
           W/O PRAKASAN C.K., AMRUTHAM, KAMMANA PARAMBIL,
           MAYANAD POST, KOZHIKODE., PIN - 673008


           BY ADVS.
           DR.V.N.SANKARJEE
           SHRI.V.N.MADHUSUDANAN
           SMT.R.UDAYA JYOTHI
           SMT. KEERTHI B. CHANDRAN
           SHRI.VIJAYAN PILLAI P.K.
           SMT.SHILPA P.S.
                                              2026:KER:15466
OP (RC) NO. 246 OF 2025

                           -2-
         SHRI.UNNIKRISHNAN H.
         SMT.SHRIYA MERLIN MAXWELL




RESPONDENT(S)/RESPONDENTS/RESPONDENTS/PETITIONER AND
RESPONDENTS 1 AND 4:

    1    BRIJILA T.P,
         AGED 41 YEARS
         D/O RAJAN, JASSVIO HOUSE, GURUVAYURAPPAN COLLAGE
         POST, PANTHEERANKAVU, KOZHIKODE., PIN - 673014

    2    MUKUNDAN P.P,
         AGED 69 YEARS
         S/O APPU PADIPOYIL, KUTHIRAVATTAM, KOTTOOLI POST,
         KOZHIKODE., PIN - 673016

    3    V.K DHARMARJAN
         AGED 67 YEARS
         S/O CHOYKUTTY, VADAKKE KALLADAYIL, KUTTIKKATTOOR,
         KOZHIKODE., PIN - 673008


         BY ADVS.
         SHRI.V.V.SURENDRAN
         SRI.P.A.HARISH
         SMT.APOORVA RAMKUMAR



     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                2026:KER:15466
OP (RC) NO. 246 OF 2025

                             -3-

                          JUDGMENT

SOUMEN SEN, C.J.

Heard Ms. Keerthi B. Chandran, learned counsel for

the petitioner and Mr. V.V. Surendran, learned counsel for

respondent No.1.

2. This revision is arising out an order passed by the

Rent Control Appellate Authority in an appeal preferred by

the tenant, in which the Appellate Authority found that there

are prima facie materials in favour of the appellants to get

stay of further proceedings. However, it was observed that

further proceedings would be stayed only on condition of

deposit of admitted arrears of rent.

3. The facts reveal that the present petitioner in the

RCP is not the owner of the property, as she has sold the

property to a third party, and no proceedings have been

initiated by the present owner against the respondent for

arrears of rent or for any other relief. The issue of

maintainability raised by the petitioner cannot be brushed

aside. Under such circumstances, we direct the Rent Control 2026:KER:15466 OP (RC) NO. 246 OF 2025

Appellate Authority to decide the issue of landlord-tenant

relationship in the appeal, without insisting on the deposit of

the admitted arrears of rent. However, we place it on record

that the tenant in the proceedings has admitted that a sum of

Rs.1,27,500/- per month was paid as rent to the present

respondent up to 31.12.2019, and thereafter denied the

existence of a landlord-tenant relationship, having regard to

the fact that the present owner of the property has not

initiated any proceedings against the respondent.

4. The Appellate Authority is directed to dispose of

the appeal as expeditiously as possible.

5. The OP(RC) is accordingly disposed of.

Sd/-

SOUMEN SEN CHIEF JUSTICE

Sd/-

SYAM KUMAR V.M. JUDGE uu/20.02.2026 2026:KER:15466 OP (RC) NO. 246 OF 2025

APPENDIX OF OP (RC) NO. 246 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF R.C.P. NO. 41/2020 DATED 16.3.2020 ON THE FILE OF THE RENT CONTROL COURT, KOZHIKODE Exhibit P2 TRUE COPY OF I.A. NO.9/2023 DATED 16.6.2023 IN R.C.P. NO.41/2020 ON THE FILE OF THE RENT CONTROL COURT, KOZHIKODE Exhibit P3 TRUE COPY OF THE SALE DEED NO.2025/2020 DATED 6.11.2020 ON THE FILE OF THE S.R.O., CHEVAYOOR Exhibit P4 TRUE COPY OF THE PLAINT DATED 19.12.2022 IN O.S. NO.219/2022 ON THE FILE OF THE SUB COURT, KOZHIKODE IIA Exhibit P5 TRUE COPY OF THE PETITIONERS' WRITTEN STATEMENT DATED 18.7.2024 IN O.S. NO.219/2022 ON THE FILE OF THE SUB COURT, KOZHIKODE IIA Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT DATED 13.12.2021 IN R.C.P. NO.41/2020 FILED BY THE PETITIONERS AND THE 3RD RESPONDENT ON THE FILE OF THE RENT CONTROL COURT, KOZHIKODE Exhibit P7 TRUE COPY OF THE COUNTER STATEMENT DATED 25.2.2021 IN R.C.P. NO.41/2020 FILED BY THE 2ND RESPONDENT ON THE FILE OF THE RENT CONTROL COURT, KOZHIKODE Exhibit P8 TRUE COPY OF THE ORDER DATED 31.1.2025 IN I.A. NO.9/2023 IN R.C.P. NO.41/2020 ON THE FILE OF THE RENT CONTROL COURT, KOZHIKODE Exhibit P9 TRUE COPY OF R.C.A. NO. 35/2025 FILED ON 25.3.2025 PENDING BEFORE THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE Exhibit P10 TRUE COPY OF I.A. NO. 1/2025 DATED 25.3.2025 IN R.C.A. NO. 35/2025 ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE Exhibit P11 TRUE COPY OF THE ORDER DATED 9.4.2025 IN I.A. NO.1/2025 IN R.C.A. NO.35/2025 2026:KER:15466 OP (RC) NO. 246 OF 2025

ON THE FILE OF THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE Exhibit P12 TRUE COPY OF THE ORDER DATED 12.9.2025 IN R.C.REV. 207/2025 OF THIS HONOURABLE COURT Exhibit P13 TRUE COPY OF THE ORDER DATED 20.11.2025 IN R.C.REV. 207/2025 OF THIS HONOURABLE COURT