Bobby Mani vs Sheriffa Beevi

Type Court Judgment Court Kerala Decided Nov 09, 2022

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Citation: sooperkanoon.com/1440232
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Shoba Annamma Eapen
Decided On: Nov 09, 2022
Case Number: OP (RC)/1/2021

Parties & Advocates

Appellant / Petitioner

Bobby Mani

Respondent

Sheriffa Beevi

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.muhamed mustaque & the honourable mrs. justice shoba annamma eapen wednesday, the 9th day of november 2022 / 18th karthika, op (rc) no. 1 of 2021 against the order in i.a.no.1/2020 in rcp 27/2014 of principal munsiff court, kottayam petitioner/s: bobby mani, aged 58 years, s/o.late m.o.mani, thannikkal house, nattakom village, pakku kara, pakkil p.o., kottayam taluk. by advs. c.s.manilal sri.s.nidheesh respondents/counter petitioners: 1 sheriffa beevi, aged 74 years, w/o.late mohammed naheefa, residing at 2 ansar beegum, aged 41 years, 3 resina beegum, aged 40 years d/o.late mohammed haneefa, residing at varikkattu parambu, karapuzha, 4 ansari beegum, aged 38 years, 5 sazeena beegum, aged 36 years, o.p.(rc) no.1/2021 2 6 ansari haneefa, aged 35 years, s/o.late mohammed haneefa, residing at 7 nazur haneefa, aged 33 years, s/o.late mohammed haneefa, residing at 8 sulphi haneefa, aged 29 years, this op (rent control) having come up for admission on 09.11.2022, the court on the same day delivered the following: o.p.(rc) no.1/2021 3judgmenta.muhamed mustaque, j.this original petition was filed by the petitioner in r.c.p.no.27/2014 on the file of the additional rent controller, kottayam. the petitioner is the landlord. he filed eviction petition against the legal heirs of the original tenant. the tenant contended misjoinder of necessary parties. thereafter, the petitioner filed interrogatories seeking the detail regarding the legal heirs of original tenant. the said application was dismissed. accordingly, the petitioner has approached this court.2. having gone through the nature of theinterrogatories sought to be served on the respondents, we are of the view that nothing prevents the petitioner from filing a petition for direction to furnish the details of the legal heirs. o.p.(rc) no.1/2021 43. the disposal of the petition will notprevent the petitioner from impleading any legal heirs and.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, OP (RC) NO. 1 OF 2021 AGAINST THE ORDER IN I.A.NO.1/2020 IN RCP 27/2014 OF PRINCIPAL MUNSIFF COURT, KOTTAYAM PETITIONER/S: BOBBY MANI, AGED 58 YEARS, S/O.LATE M.O.MANI, THANNIKKAL HOUSE, NATTAKOM VILLAGE, PAKKU KARA, PAKKIL P.O., KOTTAYAM TALUK. BY ADVS. C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS/COUNTER PETITIONERS: 1 SHERIFFA BEEVI, AGED 74 YEARS, W/O.LATE MOHAMMED NAHEEFA, RESIDING AT 2 ANSAR BEEGUM, AGED 41 YEARS, 3 RESINA BEEGUM, AGED 40 YEARS D/O.LATE MOHAMMED HANEEFA, RESIDING AT VARIKKATTU PARAMBU, KARAPUZHA, 4 ANSARI BEEGUM, AGED 38 YEARS, 5 SAZEENA BEEGUM, AGED 36 YEARS, O.P.(RC) No.1/2021 2 6 ANSARI HANEEFA, AGED 35 YEARS, S/O.LATE MOHAMMED HANEEFA, RESIDING AT 7 NAZUR HANEEFA, AGED 33 YEARS, S/O.LATE MOHAMMED HANEEFA, RESIDING AT 8 SULPHI HANEEFA, AGED 29 YEARS, THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(RC) No.1/2021 3

JUDGMENT

A.Muhamed Mustaque, J.

This original petition was filed by the petitioner in R.C.P.No.27/2014 on the file of the Additional Rent Controller, Kottayam. The petitioner is the landlord. He filed eviction petition against the legal heirs of the original tenant. The tenant contended misjoinder of necessary parties. Thereafter, the petitioner filed interrogatories seeking the detail regarding the legal heirs of original tenant. The said application was dismissed. Accordingly, the petitioner has approached this Court.

2. Having gone through the nature of the

interrogatories sought to be served on the respondents, we are of the view that nothing prevents the petitioner from filing a petition for direction to furnish the details of the legal heirs. O.P.(RC) No.1/2021 4

3. The disposal of the petition will not

prevent the petitioner from impleading any legal heirs and the Rent Controller shall also insist the legal heirs of the original tenant to furnish the details of the legal heirs to the petitioner. With liberty as above, the original petition is disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE ln O.P.(RC) No.1/2021 5 APPENDIX OF OP (RC) 1/2021 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION COURT, KOTTAYAM. EXHIBIT P2 TRUE COPY OF THE OBJECTION TO THE MAIN PETITION R.C.P.NO.27/2014. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION IN R.C.P.27/2014. EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE IST RESPONDENT IN R.C. (O.P) NO.27/2014. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 13.10.2020 IN I.A.NO.1/2020 IN R.C.P.NO.27/2014.

Same Court & Year Kerala · 2022 Same Parties Bobby Mani vs Sheriffa Beevi Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...