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2022 Supreme(Online)(KER) 54459
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
BIJILI PRADEEP – Appellant
Versus
MARGARET JOYCE FERNANDEZ @ JOYCY – Respondent
OP (RC) 137 2019
BABU KARUKAPADATH, M.A.VAHEEDA BABU, P.U.VINOD KUMAR, AVINASH P RAVEENDRAN, ARYA RAGHUNATH, ANJALY N.S., KADIJA JASMINE, NOUSHAD THOTTATHIL, NOORJI NOUSHAD
The court asserted that rent control proceedings cannot advance while a title dispute is unresolved; thus, prioritizing the title suit is essential.
Headnote:
Dispute - Title - O.S.No.14/2016, R.C.P.No.26/2013 - The court directed the Sub Court to finalize the pending title suit within three months, emphasizing that the Rent Controller should await this outcome before proceeding further with the rent control petition.
Fact of the Case:
A dispute arose over the title of a property involved in rent control proceedings, where the petitioner claimed ownership through a sale deed from a deceased individual, contested by the legal heirs.
Issues: Whether the Rent Control Petition could proceed in light of an unresolved title dispute pending in a separate suit.
Ratio Decidendi: The resolution of the title issue is integral to the rent control proceedings, necessitating a stay of those proceedings until the original suit is decided.
Final Decision: The court directed the Sub Court to resolve the title dispute within three months.
JUDGMENT
[OP (RC) Nos.137/2019, 78/2017, 82/2021]
A.Muhamed Mustaque, J.
These matters can be disposed of, at this distance of time, without going into the merits of the case inasmuch as that the question regarding the disputed title is pending in O.S.No.14/2016 on the file of the Sub Court, Kochi. The present dispute arises in the context of the disputed title by the tenant in the rent control proceedings initiated by Margret Joice Fernandez @ Joicy who claims title over the property. According to her, she obtained a sale deed from Pradeep who is no more. Late Pradeep's legal heirs are disputing the title of Margret Joice Fernandez @ Joicy. We are not adverting to the facts of each case for the obvious reason that the parties agreed for the disposal of O.S.No.14/2016. That be so, we direct the Sub Court, Kochi, to dispose of the said suit within a period of three months. The further proceedings in R.C.P.No.26/2013 would depend upon the outcome of the above suit. The Rent Controller shall await the outcome of the above suit to proceed further in the said R.C.P. We make it clear that the Rent Controller shall bestow all possible efforts to dispose R.C.P.No.26/2013 immediately after the outcome in the original suit, in view of the fact that the said Rent Control Petition is pending since 2013. The O.P.(RC)s are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE ln APPENDIX OF OP (RC) 82/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF RCP NO.26/2013 FILED BY HE RESPONDENT/PETITIONER ON THE FILE OF THE HON'BLE MUNSIFF AND RENT CONTROL COURT, KOCHI.
EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS/RESPONDENTS IN RCP NO.26 OF
2013 ON THE FILE OF THE HONOURABLE MUNSIFF AND RENT CONTROL COURT, KOCHI.
EXHIBIT P3 A TRUE COPY OF THE PLAINT IN O.S.NO.14/2016 ON THE FILE OF THE HON'BLE SUB COURT, KOCHI.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 03.03.2017 IN I.A. NO.510/2016 IN RCP NO.26/2013 OF THE HON'BLE RENT CONTROL COURT STAYING FURTHER PROCEEDINGS IN THE R.C.P.
EXHIBIT P5 A TRUE COPY OF I.A.NO.728/2019 IN RCP NO.26/2013.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 11/03/2019 IN I.A.NO.728/2019 IN RCP NO.26/2013.
EXHIBIT P7 A TRUE COPY OF R.P. I.A.NO.2/2021 IN RCP NO.26/2013.
EXHIBIT P8 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN R.P. I.A.NO.2/2021 IN RCP.NO.26/2013.
EXHIBIT P9 A TRUE COPY OF THE ORDER IN R.P. I.A NO.2/2021 IN R.C.P. NO.26/2013 OF THE HON'BLE RENT CONTROL COURT, KOCHI DATED
5.08.2021.
RESPONDENTS EXHIBITS:
EXHIBIT R1 TRUE COPY OF THE ORDER DATED 15.03.2019 PASSED BY THE COURT OF MUNSIFF & RENT CONTROLLER, KOCHI.
APPENDIX OF OP (RC) 137/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF RCP NO 26/2013 FILED BY THE RESPONDENT/PETITIONER ON THE FILE OF THE HON'BLE MUNSIFF AND RENT CONTROL COURT, KOCHI EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER/RESPONDENTS IN RCP NO 26 OF
2013 ON THE FILE OF THE HON'BLE MUNSIFF AND RENT CONTROL COURT KOCHI EXHIBIT P3 A TRUE COPY OF THE PLAINT IN OS NO
14/2016 ON THE FILE OF THE HON'BL SUB OCURT, KOCHI EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 3.3.2017 ALLOWED IA NO 510/2016 IN RCP NO 26/2013 OF THE HON'BLE RENT CONTROL COURT STAYING FURTHER PROCEEDINGS.
EXHIBIT P5 A TRUE COPY OF IA NO 728/2019 IN RCP NO
26/2013 EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 11.3.2019 IN IA NO 728/2019 IN RCP NO 26/2013 RESPONDENT'S EXHIBITS:
EXHIBIT R1 TRUE COPY OF THE SALE DEED DATED
20.7.2011 EXHIBIT R2 TRUE COPY OF THE SALE AGREEMENT EXECUTED BETWEEN THIS RESPONDENT WITH THE HUSBAND OF THE 1ST PETITIONER EXHIBIT R3 TRUE COPY OF THE LEASE AGREEMENT EXECUTED THE SAID PRADEEP IN FAVOUR OF THIS RESPONDENT DATED 20.7.2011 APPENDIX OF OP (RC) 78/2017 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RENT CONTROL PETITION NO.26/2013 FILED BY THE PETITIONER BEFORE THE ADDITIONAL MUNSIFF COURT, (RENT CONTROL COURT) KOCHI, AGAINST THE RESPONDENTS.
EXHIBIT P2 A TRUE COPY OF THE SALE DEED DATED NO.3237/2011 OF SRO NJARACKKAL, DATED
20.07.2011.
EXHIBIT
