IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 OP(C) NO. 1930 OF 2019 AGAINST THE ORDER/JUDGMENT IN OS 19/2015 OF MUNSIFF COURT, RANNI, PATHANAMTHITTA PETITIONER/S:

1 M/S.N.S.S.KARAYOGAM NO. 1556, THOTTAMON SOUTH, THOTTAMON MURI, RANNY P.O., PATHANAMTHITTA DISTRICT, RANNI VILLAGE, REPRESENTED BY ITS SECRETARY AND PRESIDENT.

2 THE PRESIDENT, M/S. NSS KARAYOGAM NO.1556, THOTTAMON SOUTH, THOTTAMON MURI, RANNI VILLAGE, RANNY P.O., PATHANAMTHITTA DISTRICT.

3 THE SECRETARY, M/S. N.S.S.KARAYOGAM NO.1556, THOTTAMON SOUTH, RANNY P.O., PATHANAMTHITTA DISTRICT, THOTTAMON MURI, RANNI VILLAGE.

BY ADV V.PHILIP MATHEW RESPONDENT/S:

1 SANTHOSH KUMAR PULLUPURAM P.O., KALACKATTU HOUSE, RANNI P.O., PIN-

699 711.

2 K.R.PRAKASH, S/O.RAHAVAN NAIR, KUZHIKALAYIL HOUSE, THOTTAMON MURI, RANNI VILLAGE, RANNY TALUK-699 711.

3 TREASURER, M/S. N.S.S.KARAYOGAM NO.1556, THOTTAMON SOUTH, RANNY P.O., PATHANAMTHITTA DISTICT, THOTTAMON MURI, RANNI VILLAGE, PIN-699 711.

BY ADV SRI.T.K.BIJU (MANJINIKARA)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

16.7.2021, THE COURT ON 06.09.2021 DELIVERED THE FOLLOWING:

V.G.ARUN, J.

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O.P.(C) No. 1930 of 2019 -----------------------------------------------

Dated this the 6^th day of September, 2021

JUDGMENT

The petitioners and the 3^rd respondent are the plaintiffs in O.S.No.19 of 2015 on the files of the Munsiff’s Court, Ranni. The suit is filed for a direction to the 2^nd respondent to surrender vacant possession of shop room bearing Door No.XIII/128 in Ranni Grama Panchayat occupied by him. The shop room is situated in a two storeyed building belonging to the 1st petitioner Karayogom. As per the plaint averments, the shop room was leased out to the 2^nd respondent for 11 months from 1.12.2013 on a monthly rent of Rs.535/-. The period of lease expired on 31.10.2014 and the general body of the 1st petitioner decided to enhance the rent to Rs.900/- per month. Thereupon, the 2^nd respondent filed O.S.No.306/14 before the Munsiff’s Court, Ranni for an injunction restraining the Karayogom from enhancing the rent and forcibly evicting him from the building. That suit was dismissed vide Exhibit P1 judgment dated 15.9.2018. As the 2^nd respondent was unauthorisedly occupying the room without paying rent, O.S.No.19 of 2015 was filed for a direction to the 2nd respondent to surrender vacant possession of the shop room, for realisation of rent at the rate of Rs.535/- for the month of October, 2014 and damages towards illegal use and occupation at the rate of Rs.900/- per month. In his written statement, the 2^nd respondent admitted the 1^st petitioner’s title and ownership over the building. He contended that the period of lease is not over and the enhancement of rent is illegal. After the suit was listed for trial, the 1^st respondent filed I.A.No.850 of 2019 seeking to get himself impleaded on the premise that the plaint schedule property was purchased by the Thottaman Nair Vellala Devi Vilasam Karayogom, of which he is a member. The petitioners stoutly opposed the application contending that that the 1st respondent is not a necessary or proper party for adjudicating the questions involved in the suit and his attempt is to protract the proceedings. Despite objection, the trial court allowed the application for impleadment vide Exhibit P6 order. Hence, the original petition.

2. Heard Sri.Gigi C.George, learned counsel for the petitioners and Sri.T.K.Biju (Manjanikkara), learned counsel for the

1^st respondent.

3. Learned counsel for the petitioners contended that the court below committed a gross illegality by allowing the impleading application, after finding that the 1^st respondent is not a necessary party. The defendant in the suit having had admitted the plaintiff’s title and ownership over the building. Hence, the proprietary right, if any, of the Thottaman Nair Vellala Devi Vilasam Karayogom ought to be decided in