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2022 Supreme(Online)(KER) 20327
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
NAZARUDEEN
– Appellant
Versus
R.RADHAKRISHNAN – Respondent
OP (RC) 187 2022
R.NIKHIL
The judgment establishes that courts must prioritize timely adjudication in rent disputes, ensuring landlords' claims are resolved without undue delay.
Headnote:
Eviction - Rent Control - Kerala Building (Lease & Control) Act - Sections 11(3), 12(3) - The court emphasized timely disposal of rent control petitions, affirming landlords' rights to evict tenants for bona fide needs upon adhering to legal processes.
Fact of the Case:
The petitioners, landlords, sought eviction of tenants under the BRC Act, citing bona fide needs for their business. They filed multiple applications and petitions related to arrears of rent and eviction, which faced delays, prompting the landlords to approach the court.
Finding of the Court:
The court directed the Additional Rent Control Court to expedite the consideration of the landlords' applications and to resolve the rent control petitions within fixed time frames, reinforcing the need for timely justice in landlord-tenant disputes.
Issues: The main issue was whether the Additional Rent Control Court could be directed to expedite hearings and decisions on applications for eviction based on the landlords' bona fide needs.
Ratio Decidendi: The court's decision was founded on the necessity of timely resolutions in rent control matters, underlining the balance between landlords' rights and tenants' protections within the framework of the BRC Act.
Final Decision: The court directed the Additional Rent Control Court to dispose of pending applications and petitions within specified time limits.
JUDGMENT
SHOBA ANNAMMA EAPEN, J.
Since the issue involved in these matters is common in nature, these original petitions are heard together and being disposed of by this common judgment.
2. The petitioners in these original petitions are the petitioners/landlords in RCP Nos.43/2017, 39/2017, 41/2017 & 40/2017 filed under Section 11(3) of the Kerala Building (Lease & Control) Act, 1965 (for short, “the BRC Act”) on the files of the Additional Rent Control Court, Kollam. Respondents in OP(RC) No.186/2022 are the respondents/legal heirs of the tenant in RCP No.43/2017 and the respondents in OP(RC) Nos.187/2022, 188/2022 & 189/2022 are the respondents/tenants in RCP Nos.39/2017, 41/2017 & 40/2017 on the files of the Additional Rent Control Court, Kollam.
3. The above OP(RC)s are filed seeking for a direction to consider and dispose of Ext.P1 RCPs and Ext.P3 IAs filed in each RCP before the Additional Rent Control Court, Kollam. The petitioners filed these OP(RC)s on account of the bona fide need of the petitioners' own occupation to have independent business. Earlier, the petitioners in OP(RC) Nos.186/2022, 187/2022, 188/2022 & 189/2022 filed RCP Nos.2/2014, 3/2014, 4/2014 & 1/2014 respectively before the Additional Rent Control Court, Kollam for fixation of fair rent and for eviction on the ground of arrears of rent. The prayer for eviction on the ground of arrears of rent was not pressed by the petitioners in the aforesaid RCPs.
4. Thereafter, since there were huge arrears of rent, they filed IA No.3510/2019 in RCP No.43/2017, IA No.3508/2019 in RCP No.39/2017, IA No.3509/2019 in RCP No.41/2017 & IA No.3511/2019 in RCP No.40/2017 under Section 12(3) of the BRC Act, pending on the files of the Additional Rent Control Court, Kollam, which were dismissed on the ground that appeals are pending against the orders in RCP Nos.2/2014, 3/2014, 4/2014 & 1/2014. The petitioners challenged the same in appeals as RCA Nos.43/2019, 42/2019, 41/2019 & 44/2019 on the files of the Vth Additional Rent Control Appellate Authority, Kollam, which were allowed.
5. Challenging the same, the respondents/tenants filed RCR Nos.2/2022, 179/2021, 6/2022 & 183/2021 before this Court and vide Ext.P2 judgment in each OP(RC), RCR Nos.2/2022, 3/2014 6/2022 & 44/2019 were dismissed. Since the petitions filed under Section 12(3) of the BRC Act have attained finality, the petitioners filed Ext.P3 IAs (IA Nos.07/2022 in RCP No.43/2017, 05/2022 in RCP No.39/2017, 05/2022 in RCP No.41/2017 & 06/2022 in RCP No.40/2017), praying for a direction, fixing the date for depositing the arrears of rent payable by the tenant as per the orders in RCA Nos.43/2019, 42/2019, 41/2019 & 44/2019 on the files of the Vth Additional Rent Control Appellate Authority, Kollam, as confirmed in RCR Nos.2/2022, 179/2021, 6/2022 & 183/2021, and in case of default, for a further direction to the respondents/tenants to surrender vacant possession of the plaint schedule shop rooms to the petitioners/landlords. The grievance of the petitioners is that though Ext.P3 IAs have been filed as early as on 22.08.2022, the matter is being adjourned unnecessarily, which causes serious hardships to the petitioners. Hence, the petitioners have come up before this Court with these OP(RC)s.
6. We have heard the learned counsel for the petitioners in detail.
7. On a consideration of the facts and circumstances of this case, we are of the opinion that these OP(RC)s can be disposed of with a direction to the Additional Rent Control Court, Kollam to dispose of Ext.P3 IAs and Ext.P1 RCPs, as expeditiously as possible, in a time bound manner.
Accordingly, these OP(RC)s are disposed of, as follows;
(a) The Additional Rent Control Court, Kollam is directed to consider and pass orders on Ext.P3 IAs (IA Nos.07/2022 in RCP No.43/2017, 05/2022 in RCP No.39/2017, 05/2022 in RCP No.41/2017 &
06/2022 in RCP No.40/2017), within a period of four weeks from the date of receipt of a copy of this judgment.
(b) After the disposal of Ext.P3
