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2016 Supreme(Online)(KER) 7342
HIGH COURT OF KERALA
K.SURENDRA MOHAN, MARY JOSEPH, JJ
B.K.NAGPAL – Appellant
Versus
PAUL K.J. – Respondent
OP (RC) 114 2016
SRI.S.VINOD BHAT, SRI.LEGITH T.KOTTAKKAL
The court reinforced the importance of procedural fairness for tenants in rent control matters.
Headnote:
Tenant - Rent Control - Rent Control Act, Section 6 - The court directed the Rent Control Court to issue a carbon copy of a prior order, emphasizing the need for proper procedure and fairness in tenant rights.
Fact of the Case:
The tenant filed for a carbon copy of an order allowing an amendment to a Rent Control Petition, claiming it had not been issued despite a formal application made.
Finding of the Court:
The court determined the tenant's request was limited in nature and hence did not require prior notice to the landlords, mandating the issuance of the carbon copy and postponing further proceedings.
Issues: The main issue was whether the Rent Control Court would issue a carbon copy of an order allowing an amendment to a Rent Control Petition.
Ratio Decidendi: The court ruled that procedural fairness necessitated the issuance of the carbon copy as long as a proper application had been submitted.
Final Decision: The court ordered the Rent Control Court to issue the carbon copy and defer trial proceedings accordingly.
J U D G M E N T
K.Surendra Mohan,J:
Petitioner is the tenant in R.C.P.No.82 of 2015 of the Rent Control Court, Ernakulam. The case stood posted for trial on 4.8.2016. On the said date, the respondents/landlords moved an application for amendment of the Rent Control Petition. The same was posted for the objection of the tenant on 5.8.2016. On the said date, the objection was filed and the matter was heard. On 6.8.2016, an order was passed allowing the amendment. The amendment was carried out on 8.8.2016.
2. The complaint of the petitioner is that though an application for issue of carbon copy of the order allowing the amendment was preferred on 6.8.2016, the copy has not been issued. He seeks the issuance of a direction to issue a carbon copy of the order.
3. Heard. Since the prayer sought for in this original petition is of a limited nature, we dispense with prior notice to the respondents in this case. It shall be sufficient that the Rent Control Court is directed to issue a carbon copy of the order dated 6.8.2016 provided a proper application has already been filed.
In the result, this Original Petition (RC) is disposed of directing the Rent Control Court, Ernakulam to issue a carbon copy of the order dated O.P(RC) NO.114 OF 2016 :-2-:
6.8.2016 in I.A.No.5842 of 2016 in R.C.P.No.82 of 2015 to the petitioner herein if a proper application for issue of carbon copy has already been filed. The Rent Control Court shall also postpone further proceedings for trial of the Rent Control Petition (RCP No.82 of 2015), until such carbon copy is issued to the petitioner and for a period of three days thereafter.
K.Surendra Mohan, Judge.
Mary Joseph, Judge.
