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M.K. Ajay vs E.V. Padmanabhan Nair

High Court Of Kerala · Decided on 9 November 2010 · Citation: (2010) 11 KL CK 0200

HON’BLE JUDGES
Pius C. Kuriakose, J · P.S. Gopinathan, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
CASE NUMBER
O.P. (RC) No. 629 of 2010 (O)
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Judgment

2 paragraphs · 181 words

Pius C. Kuriakose, J.—Under challenge in this original petition filed under Article 227 is Ext.P1 order of the Rent Control Court, Kannur by which an application filed by the petitioner tenant u/s 11(2)(c) was ''dismissed for default''. We notice that the petitioner tenant did not deposit the balance arrears of rent as was directed by the Rent Control Court on 29/5/2010. Probably it was on the reason of that default that the Rent Control Court passed the impugned order dated 20/8/2010. We do not think that we will be justified in invoking the supervisory jurisdiction of this Court in Article 227 for interfering with Ext.P1. It is for the petitioner to appraise the Rent Control Court by appropriate application as to why he could not comply with the court''s order for payment of arrears of rent.

2.

Permitting the petitioner to move the Rent Control Court itself, we dispose of the original petition declining the jurisdiction. If the building is not yet delivered over, the Execution Court will keep the proceedings for delivery in abeyance for a period of two weeks.