Rajeevan vs Joy

Rajeevan vs JOY

Type Court Judgment Court Kerala Decided May 18, 2021

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https://sooperkanoon.com/case/1630604

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Citation: sooperkanoon.com/1630604
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Hariprasad,Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: May 18, 2021
Case Number: OP (RC)/60/2021

Parties & Advocates

Appellant / Petitioner

Rajeevan

Respondent

JOY

Excerpt

.....kept the rent in arrears and that is why the landlord had opposed the blanket stay of eviction order. however, the rent control appellate authority observed in paragraph 7 of ext.p5 that the grievance expressed by the petitioner/landlord with regard to non payment of rent could be taken care of byo.p.(rc) no.60 of 2021 3 expediting the disposal of the appeal. according to the learned counsel, this observation is legally incorrect and it invades the right of the petitioner/landlord to file an application under section 12(3) of the act. having regard to the facts and circumstances, we are of the view that the petitioner/landlord's statutory right to approach the rent control appellate authority to stop theproceedings under section 12(3) of the act, if the respondent/tenant had kept rent in arrears cannot be taken away by this order. therefore, we clarify that the observation made by the appellate authority will never stand in the way of the respondent/tenant moving the court by an appropriate application for alleviating the complaint against keeping rent in arrears by the petitioner/landlord.the original petition is disposed of accordingly. a.hariprasad, ziyad rahman a.a., amk o.p.(rc) no.60 of 2021 4 appendix annexure/exhibits exhibit p1 a true copy of the order dated 31.01.2020 in r.c.p. no. 127/2014 of the rent control court, thrissur.exhibit p2 a true copy of the appeal memorandum in exhibit p3 a true copy of the i.a. no. 1/2020 in exhibit p4 a true copy of the counter affidavit ini.a. no. 1/2020 in r.c.a. no. 64/2020. exhibit p5 a copy of the order dated 10.03.2021 in i.a. no. 1/2020 in r.c.a no. 64/2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD & THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943 OP (RC) NO. 60 OF 2021 AGAINST THE ORDER IN I.A NO.1 OF 2020 IN IN RCA NO.64 OF 2020 OF THE RENT CONTROL COURT APPELLATE AUTHORITY, THRISSUR AND RCP 127/2014 OF RENT CONTROL COURT, THRISSUR PETITIONER/RESPONDENT/RESPONDENT : RAJEEVAN, AGED 61 YEARS, S/O. THEKKEVARIYATH E. SANKARA WARRIER, KEERANKULANGARADESOM, CHEMBUKAVU VILLAGE, BY ADVS. LINDONS C.DAVIS SMT.E.U.DHANYA SRI.RAJITH DAVIS RESPONDENT/PETITIONER/APPELLANT : JOY, AGED 57 YEARS, S/O. KANNAMPUZHA DANIEL, THOTTATHIL LANE, CHELAKKOTTUKARADESOM, CHIYYARAM VILLAGE, THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(RC) No.60 of 2021 2 A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ. O.P (R.C) No.60 of 2021 Dated this the 18th day of May, 2021

JUDGMENT

A.Hariprasad, J, Heard the learned counsel for the petitioner. Aggrieved by Ext.P5 order, the petitioner/landlord has approached this Court. Landlord got an order of eviction from the Rent Control Court, Thrissur under Sections 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control), Act, 1065 (in short 'the Act'). Respondent/tenant, aggrieved by the

order of eviction, approached the Rent Control Appellate

Authority, Thrissur with R.C.A No.64 of 2020. Along with the R.C.A, an application for stay (Ext.P3) was filed. In Ext.P3, the petitioner/landlord filed Ext.P4 counter statement. In that matter, Ext.P5 order was passed by the Appellate Authority. Grievance of the petitioner is that the tenant/respondent had kept the rent in arrears and that is why the landlord had opposed the blanket stay of eviction order. However, the Rent Control Appellate Authority observed in paragraph 7 of Ext.P5 that the grievance expressed by the petitioner/landlord with regard to non payment of rent could be taken care of by

O.P.(RC) No.60 of 2021 3 expediting the disposal of the appeal. According to the learned counsel, this observation is legally incorrect and it invades the right of the petitioner/landlord to file an application under Section 12(3) of the Act. Having regard to the facts and circumstances, we are of the view that the petitioner/landlord's statutory right to approach the Rent Control Appellate Authority to stop the

proceedings under Section 12(3) of the Act, if the respondent/tenant had kept rent in arrears cannot be taken away by this order. Therefore, we clarify that the observation made by the Appellate Authority will never stand in the way of the respondent/tenant moving the court by an appropriate application for alleviating the complaint against keeping rent in arrears by the petitioner/landlord.

The original petition is disposed of accordingly. A.HARIPRASAD, ZIYAD RAHMAN A.A., amk O.P.(RC) No.60 of 2021 4 APPENDIX ANNEXURE/EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 31.01.2020 IN R.C.P. NO. 127/2014 OF THE RENT CONTROL COURT, THRISSUR.

EXHIBIT P2               A TRUE COPY OF THE APPEAL MEMORANDUM IN
EXHIBIT P3               A TRUE COPY OF THE I.A. NO. 1/2020 IN
EXHIBIT P4               A TRUE COPY OF THE COUNTER AFFIDAVIT IN

I.A. NO. 1/2020 IN R.C.A. NO. 64/2020. EXHIBIT P5 A COPY OF THE ORDER DATED 10.03.2021 IN I.A. NO. 1/2020 IN R.C.A NO. 64/2020.

Same Court & Year Kerala · 2021 Same Parties Rajeevan vs JOY Same Judge Honourable Mr. Justice a.Hariprasad,Honourable Mr.Justice Ziy...