Sathodari Devi vs Rain Concert Technologies Pvt. Ltd.

Type Court Judgment Court Kerala Decided Sep 09, 2020

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https://sooperkanoon.com/case/1800780

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Citation: sooperkanoon.com/1800780
Court: Kerala High Court
Judge: Honourable Mr.Justice S.V.Bhatti,Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Sep 09, 2020
Case Number: OP (RC)/95/2020

Parties & Advocates

Appellant / Petitioner

Sathodari Devi

Respondent

Rain Concert Technologies Pvt. Ltd.

Excerpt

.....of 2019 on the files of the rent control court, trivandrum in a time bound manner.2. petitioner is a landlord and is now aged 89 years. shedepends upon others for her daily needs. she claims that she has no other income other than the rental income from her building located in trivandrum. the said building is given on lease to respondents 1 and 2. petitioner alleges that the respondents have not paid rent from 2017 onwards and that more than rs.6,00,000/- is due towards the arrears of rent. she has also claimed eviction on the ground of bona fide need as well as the ground under section 11(4) of the kerala buildings (lease & rent control) act, 1965.3. we have heard the learned counsel for the petitionersri.thoufeek ahamed. considering the age of the petitioner and the claim of huge arrears pending for a long period of time, we feel that interest of justice demands that the rent control petition seeking eviction be disposed of by the rent controller in a time bound manner. considering the age of the petitioner, we also feel that priority ought to be given in disposing of the said case. in such circumstances, we direct the rent control court, trivandrum to dispose of rcp no.69/2019 pending on its files, as expeditiously, as possible, at any rate within an outer time limit of three months from the date of receipt of a copy of this judgment. the original petition is allowed as above. sd/- s.v.bhatti, judge sd/- bechu kurian thomas, judge rkm appendix petitioner's exhibits: exhibit p1 true copy of the rent control petition, rcp no.69/2019 dated 30.08.2019 filed by the petitioner before the rent control court, thiruvananthapuram.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942 AGAINST THE ORDER IN RCP 69/2019 OF RENT CONTROL COURT, THIRUVANANTHAPURAM PETITIONER : SATHODARI DEVI, W/O.LATE SRI.LAMBODARAN NAIR, RAJASREE, T.C.6/435(2), THURUVIKKAL P.O., CHERUVAIKKAL VILLAGE, THIRUVANANTHAPURAM - 31 REP. BY HER POWER OF ATTORNEY HOLDER S. KRISHNAN NAIR, AGED 76 YEARS, S/O. LATE V.SIVASANKARAN NAIR, SOWPARNIKA, MANKUZHI ROAD, MNRA 136, EDAPPALLY PO, KOCHI -24. BY ADVS. SRI.THOUFEEK AHAMED SRI.P.A.AHAMMED RESPONDENTS : 1 RAIN CONCERT TECHNOLOGIES PVT. LTD., THIRUVANANTHAPURAM-10 REP. BY ITS DIRECTOR MR. K.V.SAJITH KUMAR. 2 V.SAFE HITECH SOLUTIONS PVT. LTD. DEVI GARDEN, TC 9/1615 (1) (3) SRKMH ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM -10 REP BY ITS DIRECTOR MR. K.V.SAJITH KUMAR 3 MR.K.V.SAJITH KUMAR, AGED 47 YEARS, S/O. RAMACHANDRAN, DIRECTOR, M/S.RAIN CONCERT TECHNOLOGIES PVT.LTD. P/1615(2), SRKMH ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10 AND M/S. V. SAFE HITECH SOLUTIONS PVT. LTD. DEVI GARDEN, TC 9/1615 (1) (3), SRKMH ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-10 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 9th day of September 2020

Bechu Kurian Thomas, J.

The petitioner seeks for a direction to dispose of RCP No.69 of 2019 on the files of the Rent Control Court, Trivandrum in a time bound manner.

2. Petitioner is a landlord and is now aged 89 years. She

depends upon others for her daily needs. She claims that she has no other income other than the rental income from her building located in Trivandrum. The said building is given on lease to respondents 1 and 2. Petitioner alleges that the respondents have not paid rent from 2017 onwards and that more than Rs.6,00,000/- is due towards the arrears of rent. She has also claimed eviction on the ground of bona fide need as well as the ground under Section 11(4) of the Kerala Buildings (Lease & Rent Control) Act, 1965.

3. We have heard the learned counsel for the petitioner

Sri.Thoufeek Ahamed. Considering the age of the petitioner and the claim of huge arrears pending for a long period of time, we feel that interest of justice demands that the rent control petition seeking eviction be disposed of by the Rent Controller in a time bound manner. Considering the age of the petitioner, we also feel that priority ought to be given in disposing of the said case. In such circumstances, we direct the Rent Control Court, Trivandrum to dispose of RCP No.69/2019 pending on its files, as expeditiously, as possible, at any rate within an outer time limit of three months from the date of receipt of a copy of this judgment. The original petition is allowed as above. Sd/- S.V.BHATTI, JUDGE Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION, RCP NO.69/2019 DATED 30.08.2019 FILED BY THE PETITIONER BEFORE THE RENT CONTROL COURT, THIRUVANANTHAPURAM.

Same Court & Year Kerala · 2020 Same Parties Sathodari Devi vs Rain Concert Technologies Pvt. Ltd. Same Judge Honourable Mr.Justice S.V.Bhatti,Honourable Mr. Justice Bechu...