Chithra K. Ajith v. L. Subramonian and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Anil K. Narendran
- P.G. Ajithkumar
- Judgment Date
- 2022-04-06
- Court Decision / Holding
- This original petition is disposed of by directing the Rent Control Court, Thiruvananthapuram, to finally dispose of R.C.P. No. 31 of 2021, filed by the petitioner-landlord, within three months from the production of a certified copy of this judgment, expeditiously addressing the pending I.A. No. 1 of 2021 and objections thereto; service of notice on the 4th respondent is dispensed with, given the nature of the relief sought.
- Final Disposition
- Disposal of the petition with a mandate to finalise R.C.P. No. 31 of 2021 within three months and to proceed expeditiously, with service on the 4th respondent dispensed with.
Parties to the Case
Appellants / Petitioners
- Chithra K. Ajith
Respondents
- L. Subramonian
- M/S Sparks Mantra
- Santosh S.P
- Sushamma
- Kevin Lawrence
Legal Representation & Advocates
Counsels for Petitioners
- • R. Nikhil Mathew Abraham
Case Synopsis & Summary
Chithra K. Ajith, a landlord, filed R.C.P. No. 31 of 2021 before the Rent Control Court, Thiruvananthapuram, seeking eviction of the respondent-tenant L. Subramonian and the alleged sub-tenants (Sparks Mantra and partners) under Sections 11(2)(b), 11(3) and 11(4)(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Alongside, the petitioner moved I.A. No. 1 of 2021 under Section 12 of the Act to direct the tenant to remit admitted arrears and to continue paying rent during the pendency of the eviction proceedings. The original petition was invoked through Article 227 of the Constitution of India for time-bound consideration. On 30.03.2022, the Court issued admission notice and sought a status report from the Rent Control Court. The Rent Control Court’s report shows ex parte notice on the 1st, 3rd, and 5th respondents; 2nd and 3rd respondents appeared; 4th respondent’s service was dispensed with due to the nature of relief sought. The 5th respondent moved I.A. 3 of 2022 seeking to set aside the ex parte order, which was allowed on 31.03.2022. Relying on K.V. Shiraz v. Binny Emmatty (O.P.(RC) No. 72 of 2022), the High Court held that once a tenant is ex parte, the Rent Control Court cannot proceed with the Section 12 application, and directed the Rent Control Court to finally dispose of R.C.P. No. 31 of 2021 within three months. The petition is thus disposed of to ensure expeditious resolution of the eviction petition, with service on the 4th respondent dispensed with and the matter to proceed for objections and hearing as appropriate within the stipulated period.
Provisions of Law Cited
Legal Doctrines & Maxims
- Ex parte tenant cannot be permitted to press a Section 12 application when ex parte; when a tenant is ex parte, the Rent Control Court cannot proceed with the I.A. under Section 12.
- The object of Section 12 is to deny an opportunity to the tenant who has defaulted in paying admitted arrears to defend the eviction proceedings.
- Expeditious disposal of eviction petitions with supervisory overview under Article 227 of the Constitution.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner-landlord sought time-bound consideration of R.C.P. No. 31 of 2021 and the interlocutory I.A. No. 1 of 2021 under Section 12 to secure arrears and continue rent during the pendency of the eviction proceedings. The landlord emphasized the need for expeditious resolution, particularly since the petitioner is a senior citizen aged 64.
Contentions of Respondents
The judgment records that several respondents did not appear; ex parte status of the 1st respondent is noted. The 5th respondent’s I.A. 3 of 2022 to set aside the ex parte order was allowed, but no detailed defense arguments are recorded in the document. There is no elaborate counter-submission presented in the judgment for the respondents beyond the procedural posture noted by the court.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| K.V. Shiraz v. Binny Emmatty | O.P.(RC) No. 72 of 2022 | Positive | The High Court relies on this earlier decision to hold that ex parte tenancy precludes proceeding with Section 12 applications, thereby supporting the current order to prevent continuation of I.A. No. 1 of 2021 in the ex parte context. |
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