Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nKerala High Court\nV.Radhakrishnan vs Venugopal Pazhoor on 4 December, 2021        IN THE HIGH COURT OF KERALA AT ERNAKULAM\n                         PRESENT\n       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN\n                            &\n        THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR\n SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA,\n                          1943\n                 OP (RC) NO. 109 OF 2021\n EARLY DISPOSAL OF E.P.NO.708 OF 2020 IN R.C.P.NO.19 OF\n   2018 OF THE RENT CONTROL COURT (MUNSIFF), CHAVAKKAD\nPETITIONER/PETITIONER IN RCP:\n\n         V.RADHAKRISHNAN\n         AGED 88 YEARS\n         S/O LATE KUTTIKRISHNA MENON, 39/47, BALA BHAVAN,\n         CHITTOOR ROAD, KOCHI-682011.\n\n         BY ADVS.NIDHI SAM JOHNS\n         LIJO JOSEPH\n         A.KEVIN THOMAS\n\n\n\nRESPONDENT/RESPONDENT IN RCP:\n\n         VENUGOPAL PAZHOOR\n         AGED 50 YEARS\n         S/O LATE NARAYANAN NAIR, KRISHNAPADAM. HOUSE\n         NO.111/209/1, PLOT NO.3, KERALA STATE HOUSING\n         BOARD COLONY, JAY HIND NAGAR, GURUVAYUR-680101.\n\n\n     THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION\nON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE\nFOLLOWING:\n                                -2-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n                          JUDGMENT\nAnil K. Narendran, J.\n\n      The petitioner, who is a senior citizen aged 88 years,\n\nfiled R.C.P.No.19 of 2018 before the Rent Control Court\n\n(Munsiff), Chavakkad, a petition filed under Section 11(3) of\n\nthe Kerala Buildings (Lease and Rent Control) Act, 1965,\n\nseeking eviction of the respondent herein-tenant from the\n\npetition schedule building. The bonafide need projected in the\n\nRent Control Petition was that, after the death of his wife, the\n\nlandlord is desirous of moving back to his hometown so that\n\nhe could spend remaining days there, closer to his relatives.\n\nThough the tenant entered appearance, no counter was filed\n\nin R.C.P.No.19 of 2018. The landlord was examined as PW1\n\nand Exts.A1 to A2 were marked. By Ext.P1 order dated\n\n26.02.2020, the Rent Control Court granted an order of\n\neviction under Section 11(3) of the Act and the tenant is\n\ndirected to give vacant possession of the petition schedule\n\nbuilding to the landlord, within one month from the date of\n\nthat order. The tenant is also directed to pay cost of the\n\nproceedings to the landlord.\n                                     -3-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n\n      2.    Seeking execution of the order of eviction granted\n\nin R.C.P.No.19 of 2018, the landlord filed E.P.No.708 of 2020\n\nbefore the Munsiff Court, Chavakkad. In the said execution\n\npetition, the tenant remained absent and he was set ex parte.\n\nThe execution petition now stands posted on 31.01.2022. The\n\ntenant filed I.A.Nos.1 and 2 of 2021 in R.C.P.No.19 of 2018,\n\nunder Section 5 of the Limitation Act, 1960 seeking an order\n\nto condone the delay of 495 days in seeking an order to set\n\naside the ex parte order of eviction and an application under\n\nOrder IX Rule 13 of the Code of Civil Procedure, 1908 read\n\nwith Section 23(1)(h) of the Act to set aside the ex-parte\n\norder of eviction passed in the Rent Control Petition. Those\n\napplications now stands posted to 10.12.2021 for enquiry. In\n\nthose applications the landlord entered appearance and filed\n\ncounter. In this original petition filed under Article 227 of the\n\nConstitution    of   India,   the    petitioner-landlord   is   seeking\n\nexpeditious disposal of E.P.No.708 of 2020 in R.C.P.No.19 of\n\n2018, which is pending before the Munsiff Court, Chavakkad.\n\n      3.    On 05.11.2021, when this original petition came up\n\nfor admission, this Court issued urgent notice on admission by\n                                   -4-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n\nspeed post to the respondent-tenant, returnable within three\n\nweeks. Registry was directed to call for a report from the Rent\n\nControl Court, Chavakkad as to the present status of\n\nI.A.Nos.1 and 2 of 2021 in R.C.P.No.19 of 2018 and also\n\nreport from the Munsiff Court, Chavakkad, the Execution\n\nCourt, as to the present status of E.P.No.708 of 2020 in\n\nR.C.P.No.19 of 2018\n\n      4.    Pursuant to that order, a report dated 30.11.2021\n\nof the learned Munsiff, Chavakkad is placed on record, which\n\nreads thus;\n\n        "As per the reference cited above the Munsiff,\n        Chavakkad was directed to award a report with\n        respect to the status of I.A.Nos.1 of 2021 and 2 of\n        2021 in R.C.P.No.19 of 2018 and also the present\n        status of E.P.No.708 of 2020 in R.C.P.No.19 of 2018.\n        I.A.1 of 2021 and 2 of 2021 in R.C.P.No.19 of 2018\n        are filed for condonation of delay of 495 days and to\n        set aside the ex-parte order passed in above R.C.P.\n        respectively. The above petitions were filed on\n        20.07.2021 and were posted to 25.10.2021 for\n        return of notice to respondent. On 25.10.2021 the\n        respondent entered appearance and filed counter\n        statement.   Thereafter   the   matter   is   posted   to\n        10.12.2021 for enquiry. E.P.No.708 of 2020 was filed\n                                            -5-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n        for delivery of the petition schedule building in\n        R.C.P.No.19 of 2018. It was filed on 11.09.2020. On\n        30.03.2021 the judgment debtor was set ex-parte\n        and    the    matter       was       posted       for     enquiry   to\n        21.05.2021. Thereafter due to national lock down\n        the    matter      was     reposted         to   21.07.2021.        On\n        21.07.2021 it was again adjourned to 23.10.2021\n        and thereafter to 31.01.2022. Since due to Covid\n        2019 pandemic, restricted cause list was followed in\n        courts, the matter was not called in open court and\n        was reposted by notification. Presently, E.P.No.708 of\n        2020 stands posted to 31.01.2022."\n      5.      Heard the learned counsel for the petitioner-\n\nlandlord. Despite service of notice, none appears for the\n\nrespondent-tenant.\n\n      6.      The learned counsel for the petitioner-landlord\n\nwould submit that the ex parte order of eviction granted in\n\nR.C.P.No.19 of 2018 is one dated 26.02.2020. Seeking\n\nexecution     of   that    order      of         eviction,      the   landlord     filed\n\nE.P.No.708 of 2020 before the Munsiff Court, Chavakkad, on\n\n11.09.2020,        which     is    still     pending         consideration.        The\n\nrespondent-tenant          filed    I.A.Nos.1            and      2   of    2021     in\n\nR.C.P.No.19 of 2018 seeking an order to set aside the ex-\n                                -6-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n\nparte order of eviction and also to condone the delay of 495\n\ndays in filing the former application. Those applications are\n\nnow pending consideration before the Rent Control Court,\n\nChavakkad.\n\n      7.    Having considered the submissions made by the\n\nlearned counsel for the petitioner-landlord and perusing the\n\nreport of the learned Munsiff, we find that a time bound\n\nconsideration of the execution petition filed by the petitioner-\n\nlandlord-decree holder and also the interlocutory applications\n\nfiled by the respondent-tenant seeking an order to set aside\n\nthe ex-parte order of eviction and for condonation of delay in\n\nfiling the said application is highly essential, especially when\n\nthe landlord is a senior citizen aged 88 years.\n\n      In such circumstances, this original petition is disposed\n\nof with the following directions;\n\ni)    On receipt of a certified copy of this judgment, the\n      petitioner shall move an application before the Rent\n      Control Court, Chavakkad to advance the hearing of\n      I.A.Nos.1 and 2 of 2021 in R.C.P.No.19 of 2018 to a\n      near date.\nii)   Thereafter, the Rent Control Court, Chavakkad shall\n                                 -7-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n\n       consider I.A.Nos.1 and 2 of 2021 in R.C.P.No.19 of\n       2018   and    pass   appropriate   orders   thereon,   as\n       expeditiously as possible at any rate, within a\n       period of one month.\niii)   Subject to the orders to be passed in I.A.Nos.1 and 2\n       of 2021, the Munsiff Court, Chavakkad shall proceed\n       with E.P.No.708 of 2020 in R.C.P.No.19 of 2018.\n\n\n                                              Sd/-\n\n                                      ANIL K.NARENDRAN, JUDGE\n\n\n                                              Sd/-\n\n                                      P.G. AJITHKUMAR, JUDGE\nAV/9/12\n                                   -8-\n\nOP (RC) NO. 109 OF 2021\n\n\n\n\n                  APPENDIX OF OP (RC) 109/2021\n\nPETITIONER EXHIBITS\n\nExhibit P1                TRUE COPY OF THE ORDER DATED\n                          26.02.2020 PASSED BY THE RENT CONTROL\n                          COURT OF CHAVAKKAD IN R C P 19/2018.\n\nExhibit P2                TRUE COPY OF THE PETITION IN EP\n                          708/2020 IN RCP 19/2018 FILED BEFORE\n                          THE RENT CONTROL COURT OF CHAVAKKAD.\n\nExhibit P3                TRUE COPY OF THE PROCEEDINGS IN EP\n                          NO.708/2020 IN R.C.P. 19/2018 ON THE\n                          FILE OF THE RENT CONTROL COURT OF\n                          CHAVAKKAD.\n\nExhibit P4                TRUE COPY OF THE ONLINE CASE STATUS OF\n                          EP.708/2020 IN R C P 19/2018 ON THE\n                          FILE OF THE MUNSIFF COURT (RENT\n                          CONTROL COURT) OF CHAVAKKAD ON\n                          21.05.2021.\n\nExhibit P5                TRUE COPY OF THE ONLINE CASE STATUS OF\n                          EP.708/2020 IN R C P 19/2018 ON THE\n                          FILE OF THE MUNSIFF COURT (RENT\n                          CONTROL COURT) OF CHAVAKKAD ON\n                          21.07.2021.\n\nExhibit P6                TRUE COPY OF THE ONLINE CASE STATUS OF\n                          EP.708/2020 IN R C P 19/2018 ON THE\n                          FILE OF THE MUNSIFF COURT (RENT\n                          CONTROL COURT) OF CHAVAKKAD ON\n                          23.10.2021.