IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE P.UBAIL MONDAY, THE3D DAY OF MARCH201412TH PHALGUNA, 1935 OP (RC).No. 26 of 2014 (O) --------------------------- AGAINST E.P.NO.183/2012 IN RCP532007 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT I, KOZHIKODE PETITIONER: ----------- MADAYI SYAMALA, AGED63YEARS, W/O.LATE MADAYI SREENIVASAN, RESIDING AT C/O.DR.BABURAJ, 13/101, NEAR GOVERNMENT DISTRICT HOSPITAL, VATAKARA, VATAKARA AMSOM DESOM, KOYILANDY TALUK. BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE RESPONDENTS: ------------ 1. SUDHA SUNDARESWARAN, AGED52YEARS, W/O.LATE SUNDARESWARAN, GAYATHRI BUILDING, PACHUKUTTY PARAMBA, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, PIN-673001.
2. SREEDEVI, AGED27YEARS, D/O.LATE SUNDARESWARAN, GAYATHRI BUILDING, PACHUKUTTY PARAMBA, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, PIN-673001.
3. SOUNDARYA, AGED22YEARS, D/O.LATE SUNDARESWARAN, GAYATHRI BUILDING, PACHUKUTTY PARAMBA, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, PIN-673001. OP (RC).No. 26 of 2014 (O) :
2. :
4. HAYAGREEVA SUNDARESWARAN, AGED ABOUT17(MINOR), REPRESENTED BY MOTHER AND NEXT FRIEND SUDHA SUNDARESWARAN, AGED ABOUT52YEARS, W/O.LATE SUNDARESWARAN, GAYATHRI BUILDING, PACHUKUTTY PARAMBA, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK, PIN-673001.
5. SREESH, AGED43YEARS, S/O.SREENIVASAN, LAKSHMI, KATCHERI AMSOM DESOM, KOZHIKODE TALUK, PIN-673020.
6. SREENISH, AGED40YEARS, S/O.SREENIVASAN, LAKSHMI, KATCHERI AMSOM DESOM, KOZHIKODE TALUK, PIN-673020. R1 -R4 BY ADV. SRI.V.V.SURENDRAN R1 -R4 BY ADV. SRI.P.A.HARISH THIS OP (RENT CONTROL) HAVING BEEN FINALLY HEARD ON0303-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC).No. 26 of 2014 (O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF R.C.P NO.53/2007, RENT CONTROL COURT (PRL. MUNSIFF-I), KOZHIKODE DATED303.2007. EXT.P2: COPY OF THE EVIDENCE OF PW2 IN R.C.P NO.53/2007, RENT CONTROL COURT (PRL. MUNSIFF-I), KOZHIKODE DATED NIL EXT.P3: COPY OF THE ORDER
IN R.C.P NO.53/2007 RENT CONTROL COURT (PRL. MUNSIFF-I), KOZHIKODE DATED303.2009 EXT.P4: COPY OF THE JUDGMENT
IN R.C.A NO.65/2009, RENT CONTROL APPELLATE AUTHORITY/DISTRICT JUDGE, KOZHIKODE DATED215.2012. EXT.P5: COPY OF THE ORDER
IN R.C.R NO.10/2012 OF THIS COURT DATED163.2012. EXT.P6: COPY OF THE APPLICATION, E.A.NO.133/2013 IN E.P.NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-i, KOZHIKODE DATED176.2013. EXT.P7: COPY OF THE APPLICATION E.A.NO.172/2013 IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007 PRINCIPAL MUNSIFF-I, KOZHIKODE DATED157.2013. EXT.P8: COPY OF THE APPLICATION E.A.NO.189/2013 IN E.A.NO.133/2013 IN E.P.NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED197.2013. EXT.P9: COPY OF THE COUNTER AFFIDAVIT TO E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007 PRINCIPAL MUNSIFF-I, KOZHIKODE DATED177.2013 EXT.P10: COPY OF THE COUNTER AFFIDAVIT TO E.A.NO.189/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007 PRINCIPAL MUNSIFF-I, KOZHIKODE DATED247.2013. EXT.P11: COPY OF THE ORDER
IN E.A.NO.172/2013 IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED187.2013 EXT.P12: COPY OF THE ORDER
IN E.A.NO.189/2013 IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007 PRINCIPAL MUNSIFF-I, KOZHIKODE DATED257.2013 OP (RC).No. 26 of 2014 (O) EXT.P13: COPY OF THE JUDGMENT
IN O.P (RC) NO.2625/2013 DATED312.2013. EXT.P14: COPY OF E.A.NO.34/2014 IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED271.2014 EXT.P15: COPY OF THE ORDER
IN E.A.NO.34/2014 IN E.A.NO.133/2013 IN E.P. NO.183/2012 IN R.C.P NO.53/2007 PRINCIPAL MUNSIFF-I, KOZHIKODE DATED32.2014. EXT.P16: COPY OF THE ORDER
IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED32.2014 EXT.P17: COPY OF THE MEMORANDUM OF APPEAL IN A.S NO.21/2014, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED62.2014 EXT.P18: COPY OF I.A NO.262/2014 IN A.S. NO.21/2014, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED62.2014. EXT.P19: COPY OF E.A.NO.34/2014 IN E.A.NO.133/2013 IN E.P NO.183/2012 IN R.C.P NO.53/2007, PRINCIPAL MUNSIFF-I, KOZHIKODE DATED112.2014 EXT.P20: COPY OF THE PROFILE OF SREEDEVI SUNDARESWARAN LINKED ON EXT.P21: COPY OF THE PROFILE OF SREEDEVI SUNDARESWARAN FROM HER FACEBOOK ACCOUNT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab K.T.SANKARAN & P.UBAID, JJ.
--------------------------------------- O.P(RC) No.26 of 2014 --------------------------------------- Dated this the 3rd day of March, 2014
JUDGMENT
K.T.Sankaran, J.
The predecessor-in-interest of respondents 1 to 4 filed R.C.P No. 53 of 2007 on the file of the Rent Control Court, Kozhikode against respondents 5 and 6 in their capacity as the legal representatives of the original tenant, under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act. In that Rent Control Petition, the bonafide need put forward was that the grand daughter of the landlord, who was examined as PW2 wanted to start a plant nursery. The Rent Control Court by order dated 30.3.2009 allowed the Rent Control Petition. Though the tenants filed R.C.A No.65 of 2009, the appeal was dismissed by judgment dated 17.10.2011. The tenants filed revision before the High Court which was disposed of as per judgment dated 16.3.2012 granting 15 months' time to the O.P(RC) No.26 of 2014 2 tenants to vacate the petition schedule building and also directing them to pay monthly rent at the rate of Rs.1,000/- per month from 1.4.2012 onwards.
2. When execution was levied, the petitioner herein and her daughter filed E.A.No.133 of 2013 in E.P No.183 of 2012 before the Executing Court putting forward their claim and contending that they are not bound by the orders and judgments passed by the authorities under the Rent Control Act. They contended that they are the widow and daughter of the original tenant and therefore they should have been made parties to the Rent Control Petition. They were not made parties and they were left out deliberately to defeat their rights. While E.A.No.133 of 2013 was pending, the petitioner herein filed E.A.No.189 of 2013 and 172 of 2013 to serve interrogatories on respondents 1 to 4 herein (landlords) and to produce certain documents on behalf of the claimants. Those applications were dismissed by separate orders by the Executing Court on 25.7.2013 (Ext.P12) and 18.7.2013 O.P(RC) No.26 of 2014 3 (Ext.P11). Exts.P11 and P12 orders were challenged by the claimants before this Court in O.P(RC) No.2625 of 2013. It was contended that E.A No.189 of 2013 and 172 of 2013 were filed to unearth the fraud practised by the landlords. According to the claimants PW2 was working in IBM at the relevant time. However, this Court did not accept the contentions put forward by the claimants since this Court noticed in O.P(RC) No.2625 of 2013 that there was no contention of fraud put forward by the claimants in E.A.No.133 of 2013, the claim petition.
3. Thereafter, the claim petitioners (petitioner herein and her daughter) filed E.A.No.34 of 2014 to amend the claim petition, which was dismissed by the Executing Court as per Ext.P15 order dated 3.2.2014. On the same day, the Executing Court dismissed the claim petition as well, as per Ext.P16 order.
4. Ext.P16 order was challenged by the claim petitioners in A.S.No.21 of 2014 on the file of the Additional District Judge, Kozhikode. In that appeal the claim O.P(RC) No.26 of 2014 4 petitioners challenged the dismissal of E.A.No.34 of 2014 as well. The claim petitioners filed I.A.No.262 of 2014 in A.S No.21 of 2014 to stay the proceedings in execution. That application was adjourned for filing counter, since the landlords had filed caveat. In the meanwhile, the Executing Court ordered delivery.
5. The claim petitioners have come up before this Court with the following prayers: "i) pass an order directing the Principal Munsiff's Court-I, Kozhikode to issue certified copy of the order dated 12.2.2014 in E.A.No.50 of 2014 in E.A.No.133 of 2013 in E.P No.183 of 2012 in R.C.P No.53 of 2007 on the file of the Principal Munsiff's Court-I, Kozhikode. ii) Pass an order directing the Principal District Court, Kozhikode to consider and pass orders on I.A. No.262 of 2014 in A.S No.21 of 2014 forthwith; iii) Pass an order stay of all further proceedings in E.P No.183 of 2012 in R.C.P No.53 of 2007 on the file of the Principal Munsiff's Court-I, Kozhikode, pending disposal of the above Original Petition (RC). v) grant the petitioner such other appropriate reliefs that this Hon'ble Court may deem fit and proper on the facts and in the O.P(RC) No.26 of 2014 5 circumstances of the case: AND vi) award the petitioner the costs of this Original Petition." 6. The learned counsel for respondents 1 to 4 (landlords) contended that the respondents in R.C.P No.53 of 2007 (Madayi Sreesh and Madayi Sreenish) never raised a contention that their mother and sister should also be impleaded and that they are also the affected parties. The learned counsel submitted that all throughout, the respondents in R.C.P No.53 of 2007 contested the proceedings in Court, challenged the order of the Rent Control Court in appeal and revision and also gained time of 15 months to vacate the premises. After the expiry of the period of 15 months, now they have set up their mother and sister raising all sorts of untenable contentions.
7. Learned counsel for respondents 1 to 4/landlords contended that the attempt of the claim petitioners is to protract the matter to the maximum at every stage of the litigation and not to allow the O.P(RC) No.26 of 2014 6 proceedings to attain finality. The learned counsel for respondents 1 to 4/landlords submitted that the appellate court may be directed to dispose of A.S No.21 of 2014 as expeditiously as possible keeping in abeyance the execution proceedings till then. Sri.Harish, the learned counsel for respondents 1 to 4 also submitted that the petitioner (one of the claim petitioners) may be directed to deposit a reasonable sum towards rent to show her bonafides.
8. After having heard the learned counsel for the parties, we dispose of this O.P(RC) with the following directions: i) The Additional District Court I, Kozhikode shall dispose of A.S.No.21 of 2014 as expeditiously as possible, at any rate on or before 30.6.2014. ii) The Petitioner (Madayi Syamala) shall deposit a sum of 15,000/- (Rupees fifteen thousand only) before the appellate court on or before 15.3.2014. On such deposit, the amount shall be O.P(RC) No.26 of 2014 7 disbursed to respondents 1 to 4/landlords. iii) If the petitioner (Madayi Syamala) fails to deposit the aforesaid amount of 15,000/- within time, respondents 1 to 4/landlords shall be entitled to proceed with the execution forthwith. iv) On such deposit as aforesaid, the appellate court shall dispose of the case as mentioned above. v) Pending disposal of A.S.No.21 of 2014, the execution proceedings shall be kept in abeyance. However, if the aforesaid sum of 15,000/- is not deposited in time, the execution proceedings shall be proceeded forthwith, without any further directions. Sd/- K.T.SANKARAN JUDGE Sd/- P.UBAID JUDGE ab