Aboobacker vs Sharanya

Type Court Judgment Court Kerala Orders Decided Dec 01, 2023

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https://sooperkanoon.com/case/1406824

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Citation: sooperkanoon.com/1406824
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justice Johnson John
Decided On: Dec 01, 2023
Case Number: OP (RC)/198/2023

Parties & Advocates

Appellant / Petitioner

Aboobacker

Respondent

Sharanya

Excerpt

.....to the petitioner/tenant. op(rc) no.198 of 2023 33. a perusal of the impugned order shows that the courtbelow allowed the amendment application for the reason that the number of the petition schedule room is correctly mentioned in the notice and in the absence of any dispute regarding the landlord - tenant relationship and the identity of the petition schedule shop room, the bona fide mistake regarding the number of the petition schedule shop room in the original petition can be allowed to be corrected and we find that the order of the court below is justifiable in the circumstances of the case, especially in view of the fact that the court below has also granted an opportunity for the petitioner to file additional counter, if any. therefore, in the absence of any illegality or irregularity in the impugned order, this petition is liable to be dismissed. in the result, petition is dismissed. sd/- p.b.suresh kumar, judge. sd/- johnson john, judge. amk op(rc) no.198 of 2023 4 appendix of op (rc) 198/2023 petitioner exhibits : exhibit p1 a true photo copy of the rcp no. respondents pending before the rent controller (munsiff-magistrate) sulthan batheri. exhibit p2 a true photo copy of counter statement dated 5/3/2021 filed by the petitioner in rcp no.19/2019. exhibit p3 a true photocopy of the amendment application dated 10/4/2023 by the respondents before the court below. exhibit p4 a true photocopy of the counter filed by the petitioner in i.a no. 1/2023 in rcp no. 19/2019 dated 2/9/2023 before the court below. exhibit p5 a true photocopy of order dated (munsiff-magistrate) sulthan batheri.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MR. JUSTICE JOHNSON JOHN FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, OP (RC) NO. 198 OF 2023 AGAINST THE ORDER DATED 05-10-2023 IN I.A NO.1 OF 2023 IN RCP 19/2019 OF MUNSIFF MAGISTRATE, SULTHAN BATHERI. PETITIONER/RESPONENT: ABOOBACKER, AGED 60 YEARS, S/O. MUHAMMED, CITY COLLECTIONS, AMBALAVAYAL P.O, SULTHAN BATHERI TALUK, WAYANAD DISTRICT, PIN - 673593 BY ADV P.V.BABY

RESPONDENT/PETITIONERS: 1 SHARANYA, AGED 37 YEARS, W/O. HARMISH, 2 SUBHA, W/O. VISAKH, AGED 35 YEARS, THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(RC) No.198 of 2023 2 P.B.SURESH KUMAR & JOHNSON JOHN, JJ. OP(RC) No.198 of 2023 Dated this the 1st day of December, 2023

ORDER

Johnson John, J.

This petition is filed by the respondent/tenant in RCP No.19 of 2019 on the file of the Rent Control Court, Sulthan Batheri challenging the order dated 05-10-2023 in I.A No.1 of 2023, wherein the Rent Control Court allowed the application to amend the original petition to correct the number of petition schedule shop room as 608 instead of 603.

2. Learned counsel for the petitioner argued that the

landlord filed the said application when the RCP filed under Section 11(3) of the Kerala Building (Lease and Rent Control) Act (for short 'the Act') was listed for trial and that the court below ought to have dismissed the highly belated application. It is argued that the amendment will change the cause of action and will cause serious prejudice to the petitioner/tenant. OP(RC) No.198 of 2023 3

3. A perusal of the impugned order shows that the court

below allowed the amendment application for the reason that the number of the petition schedule room is correctly mentioned in the notice and in the absence of any dispute regarding the landlord - tenant relationship and the identity of the petition schedule shop room, the bona fide mistake regarding the number of the petition schedule shop room in the original petition can be allowed to be corrected and we find that the order of the court below is justifiable in the circumstances of the case, especially in view of the fact that the court below has also granted an opportunity for the petitioner to file additional counter, if any. Therefore, in the absence of any illegality or irregularity in the impugned order, this petition is liable to be dismissed. In the result, petition is dismissed. Sd/- P.B.SURESH KUMAR, JUDGE. Sd/- JOHNSON JOHN, JUDGE. amk OP(RC) No.198 of 2023 4 APPENDIX OF OP (RC) 198/2023 PETITIONER EXHIBITS : Exhibit P1 A TRUE PHOTO COPY OF THE RCP NO. RESPONDENTS PENDING BEFORE THE RENT CONTROLLER (MUNSIFF-MAGISTRATE) SULTHAN BATHERI. Exhibit P2 A TRUE PHOTO COPY OF COUNTER STATEMENT DATED 5/3/2021 FILED BY THE PETITIONER IN RCP NO.19/2019. Exhibit P3 A TRUE PHOTOCOPY OF THE AMENDMENT APPLICATION DATED 10/4/2023 BY THE RESPONDENTS BEFORE THE COURT BELOW. Exhibit P4 A TRUE PHOTOCOPY OF THE COUNTER FILED BY THE PETITIONER IN I.A NO. 1/2023 IN RCP NO. 19/2019 DATED 2/9/2023 BEFORE THE COURT BELOW. Exhibit P5 A TRUE PHOTOCOPY OF ORDER DATED (MUNSIFF-MAGISTRATE) SULTHAN BATHERI.

Same Court & Year Kerala Orders · 2023 Same Parties Aboobacker vs Sharanya Same Judge Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justic...