Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 OP (RC) NO. 105 OF 2019 (E.A.No.181/2014 IN E.P.NO.132/2014 IN R.C.P.NO.2/2005) PETITIONERS: 1 K.A.CHANDRAN AGED 43 YEARS S/O KAIPACHERY ANDI, VAYATHOOR AMSOM DESOM, ULICKAL P.O.IRITTY TALUK, KANNUR DISTRICT-670 705. 2 K.A SANTHA, AGED 40 YEARS D/O KAIPACHERY ANDI, VAYATHOOR AMSOM DESOM, ULICKAL P.O.IRITTY TALUK, KANNUR DISTRICT-670 705. BY ADVS. O.V.MANIPRASAD SRI.JOSE ANTONY SRI.S.SHIV SHANKAR RESPONDENTS: 1 CHERIYAKOMATH RAJEEVAN S/O KAVIL VADAKKE VEETTIL KANNAN NAIR, VAYATHOOR AMSOM DESOM, ULICKAL P.O.IRITTY TALUK, KANNUR-670 705. 2 K.A HEMA, D/O KAIPACHERY ANDI, VAYATHOOR AMSOM DESOM, ULICKAL P.O.IRITTY TALUK, KANNUR DISTRICT- 670 705. BY ADV SRI.M.SASINDRAN THIS OP (RENT CONTROL) HAVING COME UP FOR FINAL HEARING ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
G. Girish, J.
The petitioners are the tenants in R.C.P.No.02 of 2005 of the Rent Control Court, Thaliparamaba against whom the respondents/landlords had filed E.P.No.132 of 2014 for the execution of the order under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘the Act’). E.A.No.181 of 2014 filed by them seeking the relief of stay of execution under
Order XXI Rule 29 of the Code of Civil Procedure, was dismissed by
the executing court. Though the petitioners challenged the above
order of the learned Munsiff, Thaliparamba by filing R.C.R.No.01 of
2015 before the Rent Control Appellate Authority, Thalassery, the verdict of the learned Munsiff in the above regard was upheld by the revisional court as per the finding in point No.(1) of the order dated 30.11.2018. However, E.A.No.181 of 2014 was remanded back to the executing court for fresh disposal on the basis of the observation of the revisional court about the inherent lack of jurisdiction of the learned Munsiff in proceeding with the matter.
2. Aggrieved by the above finding of the revisional court in
point No.(1) rejecting the request of the revision petitioners for stay of execution proceedings, they have filed the present original petition under Article 227 of the Constitution of India.
3. The order of the Rent Control Court, Thaliparamba in
R.C.P.No.02 of 2005 directing eviction of tenants under Section 11(2)(b) and 11(3) of the said Act was upheld by the Rent Control Appellate Authority, Thalassery as per the judgment dated 30.11.2013 in R.C.A.No.24 of 2007. Aggrieved by the above concurrent findings of the Rent Control Court and Appellate Authority, the revision petitioners/tenants had filed R.C.R.No.269 of
2015. Now that, the above R.C.R has been allowed by this Court as
per order dated 12.12.2022, and the matter was remanded back to the Rent Control Court, Thaliparamba to enable the respondents/landlords to amend the pleadings and to adduce evidence in support of the same, if so preferred. A time limit of two months from the date of receipt of the said order was also fixed by this Court for the disposal of the R.C.P by the Rent Control Court.
4. As matter stands now, the execution of E.P.No.132 of
2014 no more survive after the order of this Court in R.C.R.No.269 of 2015 setting aside the judgment of the Rent Control Appellate Authority, Thalassery in R.C.A.No.24 of 2007, and remanding back the matter to the Rent Control Court, Thaliparamba. That being so, there is no scope for further proceeding with this original petition against the findings of the Rent Control Court and Appellate Authority on the matter of stay of execution proceedings in R.C.P.No.02 of 2005 since the above rent control petition is yet to be
disposed of by the Rent Control Court in accordance with the order
dated 12.12.2022 of this Court in R.C.R.No.269 of 2015. In the result, the proceedings in this original petition stand closed with the observation that the issue involved no more survive after disposal of R.C.R.No.269 of 2015 by the order dated 12.12.2022 of this Court. (sd/-) ANIL K. NARENDRAN, JUDGE (sd/-) G. GIRISH, JUDGE jsr APPENDIX OF OP (RC) 105/2019 RESPONDENT ANNEXURES Annexure RI A TRUE COPY OF THE JOINT APPLICATION DATED 04-05- 2015 SUBMITTED BY C.K.RAJEEVAN AND SATHEESAN BEFORE THE PANCHAYATH Annexure RII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY C.K.SATHEESAN DATED 09-12-2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITION DATED 3.1.2005 IN RCP
NO 2/2005 OF THE RENT CONTROL COURT, TALIPARAMBA. EXHIBIT P2 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE 1ST RESPONDENT AS IA NO 2279/2005 IN RCP 2/2005 OF THE RENT CONTROL COURT, TALIPARAMBA. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 21.12.2006 IN RCP EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE SECRETARY, ULIKKAL GRAMA PANCHAYAT UNDER THE RIGHT TO INFORMATION ACT AND THE LETTER ISSUED BY THE SECRETARY ULLIKKAL GRAMA PANCHAYAT DATED 7.10.2013 EXHIBIT P5 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED IN FAVOUR OF ONE CHERIYA KOMATH SATHEESAN FOR ROOM NO IX/106 DATED 21.12.2012 EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 25.11.2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE SECRETARY, ULIKKAL GRAMA PANCHAYAT UNDER THE RIGHT TO INFORMATION ACT AND THE LETTER ISSUED BY THE SECRETARY, ULIKKAL GRAMA PANCHAYAT DATED ON 28.11.2015 EXHIBIT P7 A TRUE COPY OF THE WILL NO 19/111/2002 EXECUTED BY THE ORIGINAL LANDLORD KANNAN NAIR ON 13.5.2002 EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 30.11.2013 IN RCA 24/2007 OF THE RENT CONTROL APPELLATE AUTHORITY (ADDL DISTRICT JUDGE-111, THALASSERY)
EXHIBIT P9 A TRUE COPY OF THE PLAINT IN OS 522/2014 OF THE
MUNSIFF COURT, TALIPARAMBA EXHIBIT P10 A TRUE COPY OF THE APPLICATION FILED AS EA 181/2014 IN EP 132/2014 IN RCP NO 2/2005 EXHIBIT P11 A TRUE COPY OF THE COUNTER STATEMENT SUBMITTED BY THE 1ST RESPONDENT AGAINST EXT P11 EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 15.6.2015 IN EA EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 30.11.2018 IN RCRP (ADDL.DISTRICT JUDGE-111, THALASSERY)