Caletal Developers Private Ltd. v. Joy Joseph Chackalackal and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 20[TH] DAY OF JULY 2022 / 29TH ASHADHA, 1944 O.P(RC)NO.44 OF 2022** **AGAINST THE ORDER DATED 15.12.2021 IN I.A.NO.2 OF 2020 IN R.C.P.NO.51 OF 2020, ON THE FILES OF THE RENT CONTROL** ## **COURT,THRISSUR** ## **PETITIONER/3RD & 1ST RESPONDENTS:** **1 CALETAL DEVELOPERS PRIVATE LTD. TMC XXII/1294, OLD NO.8/409-A ANCHERY DESOM, NADATHARA VILLAGE THRISSUR TALUK, THRISSUR DISTRICT KERALA, PIN - 68006 REPRESENTED BY MANAGING DIRECTOR SRI.AKASH ANAND AGED 27 YEARS SON OF SRI.KOTTIYATTIL SADANANDAN, SANGEERTHANAM, NEAR KARTHIYANI TEMPLE, AYYANTHOLE DESOM, AYYANTHOLE VILLAGE, THRISSUR TALUK, AYYANTHOLE P.O., THRISSUR DISTRICT, KERALA, PIN - 680003 2 AKASH ANAND AGED 27 YEARS SON OF SRI. KOTTIYATTIL SADANANDAN SANGEERTHANAM, NEAR KARTHIYANI TEMPLE AYYANTHOLE DESOM AYYANTHOLE VILLAGE, THRISSUR TALUK AYYANTHOLE P.O., THRISSUR DISTRICT KERALA, PIN - 680003 BY ADVS. LUKE J CHIRAYIL C.L.JOSEPH (KTYM)** ## **RESPONDENTS/ORIGINAL PETITIONER/2ND &4TH RESPONDENTS:** **1 JOY JOSEPH CHACKALACKAL AGED 63 YEARS SON OF SRI.KIDANGATH CHACKALACKAL JOSEPH, S8, HILIFE ELEGANCE APARTMENTS, PUTHUR ROAD, NADATHARA VILLAGE, THRISSUR TALUK,** 2 OP(RC) No.44 of 2022 **KURIACHIRA P.O., THRISSUR DISTRICT, KERALA, PIN - 680006 2 DR.VIVEK GOPINATHAN AGED 40 YEARS SON OF SRI.T.A.GLIPNATHAN PARIJATHA, TMC 12/566 AMMANKOVIL SOUTH LANE POOTHOLE DESOM, ARANATTUKARA VILLAGE THRISSUR TALUK, POOTHOLE P.O. THRISSUR DISTRICT, KERALA, PIN- 68004 NOW RESIDING AT KASTHUBA HOSPITAL UDUPI - HEBRI ROAD, MADHAV NAGAR MANIPAL, KARNATAKA, PIN - 576104 3 SADANANDAN AGED 61 YEARS SON OF SRI.KOTTIYATTIL VELAYUDHAN SANGEERTHANAM, NEAR KARTHIYANI TEMPLE AYYANTHOLE DESOM AYYANTHOLE VILLAGE, THRISSUR TALUK AYYANTHOLE P.O., THRISSUR DISTRICT KERALA, PIN - 680003 BY ADVS. N.M.MADHU C.S.RAJANI** **THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 OP(RC) No.44 of 2022 ## **J U D G M E N T** ## Ajithkumar, J The petitioner questions in this original petition filed invoking the supervisory jurisdiction of this court under Article 227 of the Constitution of India the legality and correctness of Ext.P18 order. As per that order the Rent Control Court (Additional Munsiff), Thrissur directed the petitioner to deposit the admitted arrears of rent of 11,85,823/- along with interest at the rate of 6% per annum within a period of four weeks from the date of that order. 2. On 28.02.2022, this original petition was admitted and notice was directed to be served on the respondents. The 1[st] respondent-landlord entered appearance through his learned counsel. The other respondents did not choose to appear before the court despite receipt of notice. 3. Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the 1[st] respondent. 4 OP(RC) No.44 of 2022 4. The 1[st] respondent filed RCP No.51 of 2020, a copy of which is Ext.P1 seeking eviction of the petitioners and their co-tenants who are respondent Nos. 2 and 3 under Section 11(2)(b) of the Act. The tenants entered appearance and thereafter, the 1[st] respondent filed IA No.2 of 2020 under Section 12 of the Act, a copy of which is Ext.P2. Statement of the arrears of rent allegedly due was tabulated in Ext.P2 which is as follows: |in Ext.P2 which is as follows:|in Ext.P2 which is as follows:|in Ext.P2 which is as follows:| |---|---|---| |DETAILS OF ARREARS OF MONTHLY RENT TOGETHER WITH INTEREST DUE||| |Rent arrears due from 01.12.2019 till 30.04.2020<br>(5 months) at the rate of Rs.57,200/- (Rupees Fifty<br>Seven Thousand and Two Hundred only) per month|Rs.|286000| |Default Interest for Rs.57,200 (Rupees Fifty Seven<br>Thousand and Two Hundred Only) at the rate of 18%<br>per annum from 01.12.2019 till 10.12.2020|Rs|57656.53| |Rent arrears due from 01.05.2020 till 30.04.2021<br>(12 months) at the rate of Rs.62920.00(Rupees Sixty<br>Two Thousand Nine Hundred and Twenty Only) per<br>month|Rs|755040| |Default Interest for Rs.62,920.00(Rupees Sixty Two<br>Thousand Nine Hundred and Twenty Only) at the rate<br>of 18% per annum from 01.05.2020 till 10.12.2020|Rs|8712718| |Total||Rs.11,85,823.71| 5. The petitioners filed Ext.P5 objection. After considering rival contentions, the Rent Control Court found in Ext.P18 order dated 15.12.2021 that the rent as stated by the 1[st] respondent in Ext.P2 application has admittedly remained due. Accordingly, I.A.No.2 of 2021 was allowed. 5 OP(RC) No.44 of 2022 The learned counsel appearing for the petitioner would contend that it is evident from the statement of accounts given in Ext.P2 application itself that the amount of Rs.11,85,823/- claimed in it includes interest at the rate of 18% from the date of due. The said amount having been arrived at by adding up interest at the rate of 18% per annum, Ext.P18, insofar it directs to pay 6% interest per annum again, is illegal and incorrect. 6. The learned counsel appearing for the 1[st] respondent conceded the said impropriety contained in Ext.P18 order. The learned counsel however contended that apart from Rs.3,30,000/- that was deposited by the petitioners towards arrears of rent as per the order of this Court dated 01.04.2022, nothing has been paid towards the arrears of rent. According to the 1st respondent, an amount of more than 11 lakhs is due towards arrears of rent as on 30.06.2022. 7. Inasmuch as the amount ordered to be deposited as per Ext.P18 includes 18% interest from the date of default and the direction is to deposit such an amount along 6 OP(RC) No.44 of 2022 with further interest at the rate of 6% per annum, it goes against the provisions of law. It is incorrect. No further discussion is required to hold that the said order is unsustainable in law and liable to be set aside. Hence we proceed to set aside Ext. P18 order and further to direct the Rent Control Court (Additional Munsiff), Thrissur to decide Ext. P2 application afresh. 8. In **Abdul Razak P.M. v. K.C. Thomas and others [2022 (4) KHC 260],** this Court keeping in mind the object of the provisions of Section 12 of the Act, in the exercise of the supervisory jurisdiction under Article 227 of the Constitution of India, directed all Rent Control Appellate Authorities in the State to ensure time bound disposal of the appeals filed under S.18(1)(b) of the Act, against an order passed by the Rent Control Court under Section 12(3) of the Act. Similarly, all Rent Control Courts/Appellate Authorities in the State were directed to ensure time-bound disposal of the applications filed under Section 12 of the Act, in pending Rent Control Petitions/Rent Control Appeals. 7 OP(RC) No.44 of 2022 9. In the light of the directions contained in the aforesaid decision, the Rent Control Court is obliged to decide the petition under Section 12 of the Act, Ext.P2, as expeditiously as possible. Rent Control Court has to take into account the rent fell due for the period subsequent to the date of filing of the application also while disposing of Ext. P2 application. This petition is accordingly allowed and the Rent Control Court (Additional Munsiff) Thrissur is directed to dispose of Ext.P2 application afresh as expeditiously as possible, at any rate, within a period of six weeks from the date of production of a certified copy of this judgment. ## **Sd/ANIL K.NARENDRAN JUDGE** **Sd/-** **P.G. AJITHKUMAR JUDGE** PV 8 OP(RC) No.44 of 2022 ## **APPENDIX OF OP (RC) 44/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE PETITION NUMBERED AS R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR** - **Exhibit P2 TRUE COPY OF THE PETITION NUMBERED AS I.A. NO. 2 OF 2020 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR** - **Exhibit P3 TRUE COPY OF THE LEGAL NOTICE DATED 10.06.2020 ISSUED BY ADV. JACOB O. RAPHEAL** - **Exhibit P4 TRUE COPY OF THE LEGAL NOTICE DATED 30.06.2020 ISSUED THROUGH ADV. K. N. SOMAKUMAR & ADV. VISHNU HARI K** - **Exhibit P5 TRUE COPY OF THE OBJECTION DATED 20.03.2021 FILED BY THE PETITIONERS HEREIN** - **Exhibit P6 TRUE COPY OF THE DOCUMENT LIST DATED 03.04.2021 FILED BY THE PETITIONERS HEREIN IS RCOP NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR** - **Exhibit P7 TRUE COPY OF THE LEDGER ACCOUNT MAINTAINED BY THE PETITIONERS FROM 01.04.2015 TO 31.03.2021** - **Exhibit P8 TRUE COPY OF THE RECEIPT DATED 29.06.2019 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF RENT AMOUNT OF RS. 25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY)** - **Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 05.10.2019 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN AMOUNT OF RS. 50,000/- (RUPEES FIFTY THOUSAND ONLY)** - **Exhibit P10 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 09.12.2019 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN** 9 OP(RC) No.44 of 2022 **AMOUNT OF RS. 25,000/- (RUPEES TWENTY FIVE THOUSAND ONLY)** - **Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 30.01.2020 ISSUED BY THE 1ST RESPONDENT HEREIN ACKNOWLEDGING THE RECEIPT OF AN AMOUNT OF RS. 1,00,000/- (RUPEES ONE LAKH ONLY)** - **Exhibit P12 TRUE COPY OF THE STATEMENT DATED 28.09.2021 FILED BY THE 1ST RESPONDENT HEREIN IN I.A. NO. 2 OF 2021 IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROL COURT, THRISSUR** - **Exhibit P13 TRUE COPY OF THE STATEMENT DATED 02.04.2018 FILED BY THE PETITIONER IN R.C.P. NO. 51 OF 2020 ON THE FILES OF THE HON'BLE RENT CONTROLLER, THRISSUR** - **Exhibit P14 TRUE COPY OF THE STATEMENT REGARDING DETAILS OF RENT WITHOUT INTEREST AND SECURITY DEPOSIT FILED BY THE PETITIONER** - **Exhibit P15 TRUE COPY OF THE STATEMENT DATED 11.11.2021 FILED BY THE 2ND PETITIONER HEREIN IN I.A. NO. 2 OF 2021 IN R.C.P. NO. 51 OF 2020** - **Exhibit P16 TRUE COPY OF THE PLAINT IN O.S. NO. 1095 OF 2021 ON THE FILES OF THE HON'BLE MUNSIFF COURT, THRISSUR** - **Exhibit P17 TRUE COPY OF THE PLAINT IN O.S. NO. 1440 OF 2020 ON THE FILES OF THE HON'BLE MUNSIFF COURT, THRISSUR** - **Exhibit P18 TRUE COPY OF THE ORDER DATED 15.12.2021 IN I.A. NO. 2 OF 2020 IN R.C.P. NO. 51 OF 2020**