Back
2025 Supreme(Online)(Ker) 56050
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
JOHNSON K.A – Appellant
Versus
SEETHARAMAN EMBRANTHIRI – Respondent
RCREV. NO. 280 OF 2025 | RCA NO.13 OF 2025 | RCP NO.106 OF 2023
For the Appellants/Petitioners: SHRI.PADMALAYAN.P.P.
For the Respondents: SHRI.T.K.RADHAKRISHNAN, SMT.S.SREEDEVI(ALP), SMT.CHITHRA R.SHENOY, SRI.T.R.HARI KRISHNAN, KUM.K.S.SREEREKHA
A delay in filing an appeal can be condoned upon sufficient justification and upon payment of costs, allowing for the restoration of the appeal.
Headnote:The judgment concerns a tenant's appeal against an order under Section 12(3) of the Kerala Building (Lease and Rent Control) Act, 1965, dismissed along with an application for condoning a delay of 89 days. Despite the landlord securing execution for delivery, the Court found the delay sufficiently justified to permit condonation upon payment of costs. The Court ordered that the appeal be restored, contingent upon the cost being paid to the landlord within a week, and execution proceedings to remain in abeyance pending the appeal's determination. The decisive issues included whether the delay should be condoned and the implications of execution during appeal, with the conclusion emphasizing that non-payment would nullify the order's benefits.
A. Muhamed Mustaque, J.
The tenant impugning an order under Section 12(3) of the Kerala Building (Lease and Rent Control) Act, 1965 preferred an appeal. The appeal was filed with an application to condone the delay of 89 days. That has been dismissed. Consequently, the appeal was also dismissed. In the meanwhile, the landlord filed an execution petition and took the delivery. However, the entire movables in the tenant premises have been removed.
We note that the delay was only 89 days. Having considered the facts, we are of the view that the delay can be condoned on payment of cost. The cost has to be paid to the landlord. Cost of Rs.10,000/- has to be paid within a week through the counsel appearing for the landlord before this Court. Further, execution proceedings will be subject to the outcome of the appeal. If the cost is paid, the appeal will stand restored. We make it clear that the delivery effected will be subject to the outcome of the appeal and the petitioner can seek restitution only if he is successful in the appeal. The execution proceedings shall be kept in abeyance till the disposal of the appeal. Parties shall appear before the Rent Control Authority on 18.12.2025. Thereafter, the appellate authority shall dispose of the appeal within four weeks thereon. If the cost is not paid, the appellant will not be entitled for the benefit of this order.
