Jayadevan Namboodiri vs Cheriya Aboobacker Kappanayil

P.B.Suresh Kumar, J.

The tenant in a proceedings for eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) is the petitioner in this rent control revision. The respondent is the landlord. It is seen that the eviction petition was listed for trial on 24.3.2023, on which date, the counsel for the petitioner reported 'no instructions'. The Rent Control Court, in the circumstances, adjourned the eviction petition to 31.03.2023 and allowed the same ex parte on the said day. The petitioner preferred I.A. No.1670 of 2023 seeking orders to set aside the ex parte order within the time limit prescribed for the same, on the ground that he could not contact the counsel on the day fixed for trial as he was ill, and it is in the said circumstances that the counsel reported 'no instructions'. A medical certificate was also produced to show that the petitioner was not well on 24.03.2023. The said application was dismissed on merits on 31-10-2023. The order passed on I.A. No.1670 of 2023 was challenged by the petitioner in R.C.A No.149 of 2023 before the Appellate Authority along with I.A No.2 of 2023 seeking orders staying further proceedings in execution of the ex parte order. I.A. No.2 of 2023 preferred by the petitioner in the appeal now stands dismissed on the ground that the medical certificate produced by the petitioner in support of the averments made in I.A. No.1670 of 2023 is not one issued to the petitioner. The petitioner is aggrieved by the said order of the Appellate Authority.

Heard the learned counsel for the petitioner as also the learned counsel for the respondent.

When this matter was taken up, the learned counsel for the petitioner pointed out that the petition preferred by the respondent to execute the ex parte order now stands posted for delivery tomorrow.

Inasmuch as the petitioner preferred the application to set aside the ex parte order within time, we are of the view that a liberal approach should have been adopted by the Appellate Authority while considering the application for stay. We take this view also for the reason that if the property is delivered pending appeal and if the appeal is allowed later, inconvenience will be caused to both sides. In the circumstances, we deem it appropriate to dispose of the rent control revision with a direction to the Appellate Authority to decide of the appeal on merits within two weeks from the date of production of a copy of this order. Needless to say, until orders are passed on the appeal, further proceedings in execution of the order in R.C.P.No.144 of 2021 on the files of the Rent Control Court, Kannur will stand deferred. Ordered accordingly.