Sreekumar vs M.K. Jose

Anil K. Narendran, J

The petitioner is the respondent-tenant in R.C.P.No.6 of 2017 on the file of the Rent Control Court (Munsiff), Pala, a petition filed by the respondent herein-landlord under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of the tenant from the petition schedule shop room bearing No.R.P.IV/903 of Ramapuram Grama Panchayath. In the said Rent Control Petition, the Rent Control Court passed Ext.P1 order dated 24.01.2018 whereby eviction was ordered under Sections 11(2)(b) and 11(3) of the Act and the tenant was directed to handover the vacant possession of the petition schedule shop room to the landlord within a period of one month from the date of that order. Challenging the order of eviction granted by the Rent Control Court, the tenant filed R.C.A.No.25 of 2018 before the Rent Control Appellate Authority (Additional District Judge), Pala, in which the Appellate Authority granted an order of stay, on condition that the tenant shall clear the arrears of rent and continue to pay rent for the subsequent period, during the pendency of that appeal.

On 21.02.2022, when R.C.A.No.25 of 2018 came up for consideration, along with connected matters, there was no representation for the appellant. Hence, the Appellate Authority dismissed the appeal for default with cost. The tenant filed R.P.No.5 of 2022 before the Appellate Authority on 07.03.2022, seeking restoration of R.C.A.No.25 of 2018. That application is still pending consideration. In the meantime, the execution court, i.e., the Munsiff’s Court, Pala has proceeded with E.P.No.61 of 2018 in R.C.P.No.6 of 2017. It is in such circumstances that the petitioner is before this Court in this Original Petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

Heard the learned counsel for the petitioner-tenant. Considering the nature of relief proposed to be granted, service of notice on the respondent-landlord is dispensed with.

The learned counsel for the petitioner-tenant would submit that the application, i.e., R.P.No.5 of 2022 filed by the tenant seeking restoration of R.C.A.No.25 of 2018 is pending consideration before the Appellate Authority for the last nearly

5 months. During the pendency of that application, the execution court is proceeding with E.P.No.61 of 2018.

Having considered the submissions made by the learned counsel for the petitioner-tenant, this Original Petition is disposed of by directing the Rent Control Appellate Authority, Pala to consider and pass appropriate orders on R.P.No.5 of 2022 in R.C.A.No.25 of 2018, as expeditiously as possible, at any rate, within a period of two weeks from 23.08.2022. Till such orders are passed, any coercive steps taken in E.P.No.61 of 2018 in R.C.P.No.6 of 2017 for effecting delivery of the petition schedule shop room shall be deferred.

Registry to communicate a copy of this judgment to the Munsiff Court, Pala where E.P.No.61 of 2018 in R.C.P.No.6 of 2017 is pending consideration.