Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 OP (RC) NO. 111 OF 2023 EA 14/2023 IN RCP 36/2020 OF PRINCIPAL MUNSIFF COURT, PALAKKAD PETITIONER/RESPONDENT/JUDGMENT DEBTOR:
M/S. INDUS MOTOR COMPANY (PVT) LTD A PRIVATE LIMITED COMPANY,HAVING ITS CORPORATE OFFICE AT MG. ROAD, THEVARA, ERNAKULAM TALUK& DISTRICT- 682 015 REPRESENTED BY ITS DIRECTOR AFDHEL ABDUL WAHAB,AGED 33 YEARS,BUSINESS,S/O.P.V.ABDUL WAHAB PEEVEESMIRAGE,KODATHIPADI,NILAMBUR P.O.,NILAMBUR TALUK,MALAPPURAM DISTRICT, PIN - 679329 BY ADVS.
K.MANOJ CHANDRAN P.R.AJITH KUMAR S.A.MANSOOR (PATTANAM) RESPONDENT/PETITIONER/DECREE HOLDER:
CHERUVATTATH PRADEEP NAIR AGED 54 YEARS S/O. LATE PARAMESWARA PANICKER,EMPLOYED IN DUBAI,U.A.E., PERMANENT ADDRESS:"MEGNA", CHITTADI, THAMARAPADAM, VADAVANNUR.P.O, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678504 BY ADVS.
B.ANANTHU ANTONY JOSEPH ARRYAPPALLY(K/128/2022) T.KRISHNANUNNI (SR.)(K/280/1973) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(RC) No.111/2023 2 DR.A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ ............................................................
O.P(RC) No. 111 of 2023 .............................................................
Dated this the 21st day of August, 2023 JUDGMENT Mohammed Nias C.P., J The original petition is preferred by the tenant/respondent in RCP No.36/2020 before the Rent Controller, Palakkad. The said petition was filed by the respondent herein under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, ‘Act’). It is alleged in the petition that the tenant had willfully committed default in paying the rent, and only part payments have been made towards rent from May 2020 onwards. It was claimed that Rs.7,62,185/- is payable by the tenant as arrears of rent and Rs.2,15,959/- as interest. The Rent Control Court allowed the petition and ordered eviction under Section 11(2)(b) of the Act. Pursuant to the said order, the landlord also filed EP No.14/2023 before the Execution Court for executing the order of eviction. The tenant submits that there were settlement talks and that there was an understanding between the parties that the matter would be
O.P(RC) No.111/2023 3 settled and execution would not be proceeded. However, contrary to the said understanding, the landlord is pursuing the execution proceedings. The tenant, therefore, filed an appeal before the Rent Control Appellate Authority, Palakkad, along with an application to condone the delay and also to stay the operation of the order. Since there is a delay of 227 days, the appellate authority will consider the stay petition only after the delay is condoned and the tenant apprehends that in between, he will be evicted pursuant to the execution proceedings. At that stage, this original petition is filed seeking a direction to the appellate authority to consider the delay petition as well as the stay petition and keep the execution proceedings in abeyance till then.
2. Upon admission of the above original petition, we passed the following order on 19.6.2023:- “Admit. Issue notice by speed post to the respondent. There will be an interim stay as prayed for, for one month, on condition that the petitioner remits the entire arrears of rent as found by the Rent Control Court, on or before 21.06.2023.” 3. A statement has been filed by the tenant/original petitioner stating that the entire amount, as directed by this Court, has been remitted, and also the subsequent monthly rent for the period from June 2023 has also been remitted. It is also stated therein that he has remitted the GST amount for the entire period amounting to Rs.15,64,380/- before the court below. The Demand Draft and the proof of the bank payments are also produced.
O.P(RC) No.111/2023 4 Having heard the learned counsel for the original petitioner and the learned counsel for the respondent, we feel that since the entire arrears of rent has been paid, the tenant must be given a chance to contest the proceedings on merit. The appellate authority will condone the delay and pass orders in the appeal on its merits, in accordance with law. Till orders are passed as directed above, the execution proceedings will be kept in abeyance, and the same will be pursued only if the need arises after the final disposal by the appellate authority.
The original petition is accordingly disposed of.
Sd/-
DR.A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE okb/
O.P(RC) No.111/2023 5 APPENDIX OF OP (RC) 111/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 02-11-2022 IN RCP NO. 36/2020 OF THE RENT CONTROL COURT (ADDL.
MUNSIFF), PALAKKAD Exhibit P2 A TRUE COPY OF THE E.P. NO. 14 OF 2023 DATED 24- 01-2023 ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT, PALAKKAD Exhibit P3 A TRUE COPY OF THE COMPUTER PROCEEDINGS REPORTED IN E-COURTS WEBSITE IN E.P.14/2023 OF THE PRINCIPAL MUNSIFF'S COURT, PALAKKAD Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM DATED 15-06- 2023 FILED BEFORE THE RENT CONTROL APPELLATE AUTHORITY, PALAKKAD Exhibit P5 A TRUE COPY OF THE PETITION FOR STAY DATED 15-06- 2023 FILED BEFORE THE RENT CONTROL APPELLATE AUTHORITY, PALAKKAD Exhibit P6 A TRUE COPY OF THE PETITION FOR CONDONING THE DELAY OF 227 DAYS DATED 15-06-2023 FILED BEFORE THE RENT CONTROL APPELLATE AUTHORITY, PALAKKAD RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE MEMO DATED 21/06/2023 Exhibit R1(b) TRUE COPY OF THE CALCULATION STATEMENT PREPARED BY THE RESPONDENT FOR THE PERIOD FROM 01.09.2020 TO 01.06.2023 Exhibit R1(c)(1) TRUE COPY OF THE INVOICE NO: 17/20-21 DATED 24/09/2020 Exhibit R1(c)(2) TRUE COPY OF THE INVOICE NO: 19/20-21 DATED 24/10/2020 Exhibit R1(c)(3) TRUE COPY OF THE INVOICE NO: 21/20-21 DATED 27/11/2020 Exhibit R1(c)(4) TRUE COPY OF THE INVOICE NO: 23/20-21 DATED
O.P(RC) No.111/2023 6 28/12/2020 Exhibit R1(c)(5) TRUE COPY OF THE INVOICE NO: 30/20-21 DATED 29/01/2021 Exhibit R1(c)(6) TRUE COPY OF THE INVOICE NO: 32/20-21 DATED 26/02/2021 Exhibit R1(c)(7) TRUE COPY OF THE INVOICE NO: 34/20-201 DATED 30/03/2021 Exhibit R1(c)(8) TRUE COPY OF THE INVOICE NO: 02/21-22 DATED 30/04/2021 Exhibit R1(c)(9) TRUE COPY OF THE INVOICE NO: 04/21-22 DATED 31/05/2021 Exhibit R1(c) (10) TRUE COPY OF THE INVOICE NO: 06/21-22 DATED 28/06/2021 Exhibit R1(c) (11) TRUE COPY OF THE INVOICE NO: 08/21-22 DATED 28/07/2021 Exhibit R1(c) (12) TRUE COPY OF THE INVOICE NO: 10/21-22 DATED 30/08/2021 Exhibit R1(c) (13) TRUE COPY OF THE INVOICE NO: 12/21-22 DATED 28/09/2021 Exhibit R1(c) (14) TRUE COPY OF THE INVOICE NO: 14/21-22 DATED 28/10/2021 Exhibit R1(c) (15) TRUE COPY OF THE INVOICE NO: 16/21-22 DATED 30/11/2021 Exhibit R1(c) (16) TRUE COPY OF THE INVOICE NO: 18/21-22 DATED 30/12/2021 Exhibit R1(c) (17) TRUE COPY OF THE INVOICE NO: 20/21-22 DATED 31/01/2022 Exhibit R1(c) (18) TRUE COPY OF THE INVOICE NO: 22/21-22 DATED 28/02/2022 Exhibit R1(c) (19) TRUE COPY OF THE INVOICE NO: 24/21-22 DATED 31/03/2022 Exhibit R1(c) TRUE COPY OF THE INVOICE NO: 03/22-23 DATED
O.P(RC) No.111/2023 7 (20) 27/04/2022 Exhibit R1(c) (21) TRUE COPY OF THE INVOICE NO: 05/22-23 DATED 30/05/2022 Exhibit R1(c) (22) TRUE COPY OF THE INVOICE NO: 08/22-223 DATED 29/06/2022 Exhibit R1(c) (23) TRUE COPY OF THE INVOICE NO: 13/22-23 DATED 29/07/2022 Exhibit R1(c) (24) TRUE COPY OF THE INVOICE NO: 20/22-23 DATED 29/08/2022 Exhibit R1(c) (25) TRUE COPY OF THE INVOICE NO: 26/22-23 DATED 29/09/2022 Exhibit R1(c) (26) TRUE COPY OF THE INVOICE NO: 32/22-23 DATED 28/10/2022 Exhibit R1(c) (27) TRUE COPY OF THE INVOICE NO: 43/22-23 DATED 26/11/2022 Exhibit R1(c) (28) TRUE COPY OF THE INVOICE NO: 49/22-23 DATED 27/12/2022 Exhibit R1(c) (29) TRUE COPY OF THE INVOICE NO: 55/22-23 DATED 30/01/2022 Exhibit R1(c) (30) TRUE COPY OF THE INVOICE NO: 61/22-23 DATED 27/02/2023 Exhibit R1(c) (31) TRUE COPY OF THE INVOICE NO: 67/22-23 DATED 29/03/2023 Exhibit R1(c) (32) TRUE COPY OF THE INVOICE NO: 006/22-23 DATED 30/04/2023 Exhibit R1(c) (33) TRUE COPY OF THE INVOICE NO: 011/23-24 DATED 31/05/2023 Exhibit R1(c) (34) TRUE COPY OF THE INVOICE NO: 017/23-24 DATED 30/06/2023 Exhibit R1(d)(1) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(24) DATED 30/08/2022 Exhibit R1(d)(2) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT
O.P(RC) No.111/2023 8 R1(C)(25) DATED 30/09/2022 Exhibit R1(d)(3) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(26) DATED 29/10/2022 Exhibit R1(d)(4) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(27) DATED 29/11/2022 Exhibit R1(d)(5) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(28) DATED 29/12/2022 Exhibit R1(d)(6) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(29) DATED 30/01/2023 Exhibit R1(d)(7) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(30) DATED 28/02/2023 Exhibit R1(d)(8) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(31) DATED 30/03/2023 Exhibit R1(d)(9) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(32) DATED 28/04/2023 Exhibit R1(d) (10) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(33) DATED 03/06/2023 Exhibit R1(d) (11) TRUE COPY OF POSTAL ACKNOWLEDGEMENT OF EXHIBIT R1(C)(34) DATED 04/07/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE DEMAND DRAFT NO.679704 DATED 20-06-2023 EVIDENCING REMITTANCE OF THE AMOUNT IN COMPLIANCE OF THE INTERIM ORDER Annexure 2 TRUE COPY OF THE INVOICE DATED 30-06-2023 ISSUED BY THE RESPONDENT Annexure 3 THE PAYMENT WAS MADE ON 10-07-2023 THROUGH BANK TRANSFER AND RELEVANT PAGE OF THE BANK STATEMENT Annexure 4 TRUE COPY OF THE INVOICE DATED 30-07-2023 FOR THE MONTH OF JULY 2023 ISSUED BY THE RESPONDENT Annexure 5 TRUE COPY OF THE RELEVANT PAGE OF THE BANK STATEMENT DATED 03-08-2023 Annexure 6 TRUE COPY OF THE DEMAND DRAFT AMOUNTING TO
O.P(RC) No.111/2023 9 RS.15,64,380 -00 BEFORE THE COURT BELOW [D.D.
NO.679757 DATED 09-08-2023 OF FEDERAL BANK.
ERNAKULAM SOUTH BRANCH.]ON 10-08-2023