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2023 Supreme(Online)(KER) 5230
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
Kaithavalappil Bindu – Appellant
Versus
Poyilthazha Ammed – Respondent
OP (RC) 229/2022
O.D. SIVADAS, ZUBAIR PULIKKOOL
Proper notice is essential in eviction proceedings; failure to provide it can lead to setting aside eviction orders.
Headnote:
Tenant - Rent Control - Rent Control Act Section List - The court addressed procedural irregularities in the tenant's eviction notice and set aside the ex-parte order on the tenant's commitment to pay arrears, reaffirming the importance of proper notice under the Rent Control Act.
Fact of the Case:
The tenant filed a petition after being set ex-parte in eviction proceedings, claiming she did not receive notice of the case. She approached the court upon receiving the execution notice.
Finding of the Court:
The court found that the Rent Controller failed to verify whether the tenant received proper notice, indicating serious irregularities. It chose to set aside the ex-parte order based on the tenant's willingness to pay arrears.
Issues: Whether the tenant received due notice in the rent control proceedings and the implications of such a failure on the eviction order.
Ratio Decidendi: The court emphasized the necessity of proper notice in rent control proceedings, determining that failure to adhere to this requirement warranted setting aside the ex-parte order.
Final Decision: The ex-parte order was set aside, allowing the tenant to restore her petition upon payment of outstanding rent.
J U D G M E N T
A. Muhamed Mustaque, J This original petition is filed by the tenant, who was set ex-parte in rent control proceedings for eviction. The main contention raised by the tenant is that she has not received notice in rent control proceedings. She approached the Rent Controller only when she received a notice in Execution Petition.
2. It is true that there was a delay in approaching the Court when she came to know about the Execution Petition. It is to be noted that the Rent Controller had not adverted to the fact that whether she had received notice in rent control proceedings or not. The Rent Controller could have verified the file and found out whether notice has been received by the petitioner-tenant or not. Serious irregularities have been committed by the Rent Controller. We would have inclined to remand back this matter.
However, the learned counsel for the tenant would submit that the tenant is prepared to clear the entire arrears of rent of Rs.1 Laksh and the ex- parte order may be set aside. Accepting this submission, we set aside the impugned order on condition that the petitioner would pay the entire arrears of rent approximately of Rs.1 Lakh within four weeks from today. On complying the condition as above, the application would stand allowed and the rent control petition would stand restored. The parties are directed to appear before the Rent Controller on 17.02.2023. Thereafter, the Rent Controller shall dispose of the case before the Court closes for summer holidays.
This original petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- SHOBA ANNAMMA EAPEN, JUDGE PR APPENDIX OF OP (RC) 229/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF RCP NO. 6/2019 FILED BY THE RESPONDENT HEREIN, DATED
18.3.2019, ON THE FILES OF THE RENT CONTROLLER / MUNSIFF - MAGISTRATE, PAYYOLI Exhibit P2 THE TRUE COPY OF THE PETITION DATED
8.6.2022 TO SET ASIDE EXPARTE ORDER IN RCP NO.6/2019.
Exhibit P3 TRUE COPY OF THE AFFIDAVIT DATED
8.6.2022 FOR CONDONATION OF DELAY IN FILING THE PETITION FOR SETTING ASIDE THE EXPARTE ORDER IN RCP NO.6/2019.
Exhibit P4 TRUE COPY OF THE COUNTER STATEMENT IN RPIA NO.5/2022 IN EP NO.64/2021 IN RCP NO.6/2019, DATED 31.8.2022 FILED BY THE COUNSEL FOR THE RESPONDENT.
Exhibit P5 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE COUNSEL FOR THE RESPONDENT HEREIN IN IA NO. 1/2022 IN RPIA NO.5/2022 IN RCP NO.6/2019 DATED
14.9.2022.
Exhibit P6 TRUE COPY OF THE PROOF AFFIDAVIT DATED
8.11.2022, BY THE PETITIONER HEREIN, BEFORE THE HON'BLE RENT CONTROL COURT (MUNSIFF), PAYYOLI, IN IA NO.1/2022 IN RPIA NO.5/2022 IN RCP NO.6/2019.
Exhibit7 TRUE COPY OF THE COMMON ORDER DATED
17.11.2022 ISSUED BY THE HON'BLE RENT CONTROL COURT (MUNSIFF), PAYYOLI, IN IA NO.1/2022 IN RPIA NO.5/2022 IN RCP NO.6/2019.
