Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 29TH DAY OF JULY 2013 7TH SRAVANA, 1935 OP(RC).NO.432 OF 201.(O) ---------------------------- (AGAINST THE ORDER IN E.A NO.26/2012 IN E.P NO.23/2012 IN RCP NO.20/1995 ON THE FILE OF RENT CONTROL (PRINCIPAL MUNSIFF) COURT,CHERTHALA.) PETITIONER(S): -------------- DIVAKARAN, 60 YEARS, S/O.MADHAVAN, KURAVANPARAMBIL CHERTHALA, ALAPPUZHA DIST. BY ADVS.SRI.V.T.RAGHUNATH, SMT.C.V.RAJALAKSHMI. RESPONDENT(S): -------------- JAYASREE, W/O.SUVARNA KUMAR, 50 YEARS, VATTAKKATTU VELI, CMC 25.CHERTHALA NORTH,ALAPPUZHA DIST -688524. THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(RC).NO.432 OF 201.(O) APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE RENT KYCHIT DT. 01.06.85. P2:- COPY OF THE RENT CONTROL PETITION NO.57/95 DT.05.12.95. P3:- COPY OF THE COUNTER STATEMENT IN RCP. NO.57/95 DT.16.03.97. P4:- COPY OF THE LAWYER NOTICE DT.10.08.98. P5:- COPY OF THE RENT CONTROL PETITION NO.31.98 DT.29.08.98. P6:- COPY OF THE COUNTER STATEMENT IN RCP. NO.31/98 DT.31.03.99. P7:- COPY OF THE NOTICE BY R1 TO THE PETITIONER DT.03.08.03. P8:- COPY OF THE LAWYER NOTICE BY R1 TO THE PETITIONER DT.19.07.05. P9:- COPY OF THE REPLY DT. 18.08.05. P10:- COPY OF THE RENT CONTROL PETITION NO.20/05 DT.03.10.05. P11:- COPY OF THE COUNTER STATEMENT IN RCP. NO.20/05 DT.12.01.06. P12:- COPY OF THE ORDER IN RCP. NO.20/05 DT.12.06.08. P13:- COPY OF THE JUDGMENT IN RCA. NO.69/08 DT.25.01.12. P14:- COPY OF THE JUDGMENT IN RCR. NO.179/12 DT.31.05.12. P15:- COPY OF THE ORDER IN IA.NO.2617/12 IN RCR.NO.179/12 DT.02.11.12. P16:- COPY OF THE SALE DEED NO./2654/02 DT.15.07.02. P17:- COPY OF THE PLAINT IN OS.NO.125/91 DT.11.04.91. P18:- COPY OF THE JUDGMENT IN OS.NO.125/91 DT. 12.02.01. P19:- COPY OF THE DECREE IN OS.NO.125/91 DT.12.02.01. P20:- COPY OF THE IA.1887/12 IN OS. NO.125/91 DT.20.12.12. P21:- COPY OF THE IA.1888/12 IN OS.NO.125/91 DT.20.12.12. P22:- DELIVERY WARRANT DATED 1 2.13 ISSUED BY THE MUNSIFF COURT, CHERTHALA. P23:- COPY OF THE AFFIDAVIT AND PETITION DT.1.2.13 FILED BY THE RESPONDENT IN THE MUNSIFF COURT, CHERTHALA. P24:- ORDER OF THE MUNSIFF, CHERTHALA DT.2.2.13 IN EA.NO.26/12 IN EP.NO.23/12 IN RCP.NO.20/2005. P25:- DELIVERY WARRANT DATED 2 2.13 ISSUED BY THE MUNSIFF COURT, CHERTHALA. P26:- B DIARY PROCEEDINGS OF THE MUNSIFF COURT, CHERTHALA IN EP. NO.23/12 IN RCP. NO.20/2005. RESPONDENT'S EXHIBITS: NIL /True Copy/ P.A to Judge T.R.RAMACHANDRAN NAIR & A.V.RAMAKRISHNA PILLAI, JJ.
= = = = = = = = = = = = = = = = = = = O.P (RC) No.432 of 2013 = = = = = = = = = = = = = = = = = = = Dated this the 29th day of July, 2013 JUDGMENT Ramachandran Nair,J.
The petitioner is the tenant of a building who has suffered an order of eviction in R.C.P No.20 of 2005, a copy of which is produced as Ext.P10. The learned Rent Controller, the Appellate Authority and in revision this Court ordered eviction under Sections 11(2)(b) and 11(3) of Act 2 of 1965. Exts.P12 to P14 represent those orders and by Ext.P15 this Court granted time upto 31.1.2013 to vacate the premises. Thereafter, this Original Petition has been filed invoking Article 227 of the Constitution of India praying to declare that Ext.P12 is not executable as it is a nullity since it is obtained without title; to direct the Munsiff Court, Cherthala, not to execute Ext.P12 order and to stay further proceedings in E.P No.23 of 2012 OP(RC).432/13 -:2:- in R.C.P No.20 of 2005 of the Principal Munsiff, Cherthala. In fact, this Court has not admitted the Original Petition and it was being adjourned from time to time.
2. The petitioner has filed I.A No.9898 of 2013 for amendment and I.A No.9899 of 2013 to convert this Original Petition to Revision Petition under Section 115 of CPC. It is submitted that another I.A has been filed for receiving the documents also. Going by the averments in support of I.A No.9898 of 2013, it can be seen that delivery was ordered on 1.2.2013 and Ext.P22 is the report. One of the prayers sought to be added is to set aside the order in execution and delivery.
3. Even though the learned counsel for the petitioner vehemently submitted that the Original Petition may be allowed to be converted as a revision under Section 115 CPC, we notice that in the light of Section 14 of the Kerala Buildings (Lease and Rent Control) Act, 1965, as far as order in execution is concerned, the remedy of OP(RC).432/13 -:3:- revision is provided to the court to which the appeal ordinarily lie against the decision of the Principal Munsiff. Therefore, leaving it open the remedy of the petitioner to approach the revisional court, if the petitioner chooses so, this Original Petition is disposed of.
4. It is made clear that we have not expressed anything on the merits of the contentions. Sd/- T.R.RAMACHANDRAN NAIR JUDGE Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj /True Copy/ P.A to Judge