Vadakkekandiyil Kunhabdulla Haji v. Munees and Vadakkekandiyil Pocker
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Anil K. Narendran
- P. G. Ajithkumar
- Judgment Date
- 2022-08-03
- Court Decision / Holding
- Original petition fails and the same is dismissed.
- Final Disposition
- Dismissed
Parties to the Case
Appellants / Petitioners
- Vadakkekandiyil Kunhabdulla Haji
Respondents
- Munees
- Vadakkekandiyil Pocker
Legal Representation & Advocates
Counsels for Petitioners
- • Adv K. Deepa (Payyanur)
Counsels for Respondents
- • Adv Zubair Pulikkoool
Case Synopsis & Summary
The petitioner, Vadakkekandiyil Kunhabdulla Haji, filed R.C.P. No.29 of 2018 before the Rent Control Court (Munsiff), Vatakara, seeking eviction of the respondents under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. He contends that due to an inadvertent omission the eviction ground based on arrears of rent under Section 11(2)(b) was not included in the original petition, and therefore moved IA No.8/2022 for amendment. The amendment was dismissed by the Rent Control Court on 22.01.2022. Aggrieved, he challenged the order in this Original Petition under Article 227 of the Constitution. On 16.02.2022, the matter was admitted and the proceedings in R.C.P.No.29/2018 were stayed initially for two weeks and extended thereafter. Heard both sides. The petitioner argues that Ext. P1, a demand notice dated 06.11.2017, disclosed rent default and that Ext. P2 (the original petition) did not include a plea on arrears, yet the notice is part of pleadings and supports amendment to include the arrears ground. The respondents contend that introducing a new eviction ground by amendment is impermissible since the ground was not available at the date of filing, citing Abdul Kareem v. Muhamed Shafi (2017 (2) KLT 645), which holds that Section 23(1)(j) deals with curing defects or omissions only. The court held that the proposed amendment would amount to a new ground and cannot be allowed under the limited scope of Section 23(1)(j). Consequently, the Original Petition fails and is dismissed.
Provisions of Law Cited
Legal Doctrines & Maxims
- Section 23(1)(j) limit to curing defects or errors; not to introduce new grounds (as per Abdul Kareem v. Muhamed Shafi)
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that the eviction ground on arrears of rent under Section 11(2)(b) was inadvertently omitted while drafting RCP No.29/2018, and that this omission can be cured by amendment under Section 23(1)(j). Relying on Ext. P1 (demand notice dated 06-11-2017) and Ext. P2 (RCP No.29/2018), he argues the notice forms part of the pleadings and reveals the arrears, hence an amendment should be allowed. He notes the trial had not commenced, no prejudice to respondents, and that allowing amendment would avoid injustice and preserve the petitioner's right to rely on the arrears ground. He asserts that the Rent Controller's order dismissing IA 8/2022 was cryptic and failed to evaluate the merits, and that the court should exercise its inherent powers to cure the defect under Order VI Rule 17 and Section 151 CPC to permit the amendment to cure a mere omission. He lastly contends that to deny amendment would defeat substantial justice and frustrate the eviction action on the grounds available in law.
Contentions of Respondents
The respondents submit that the proposed amendment would introduce a new eviction ground not available at the time of filing the petition, contrary to Abdul Kareem v. Muhamed Shafi, 2017 (2) KLT 645. They argue that Section 23(1)(j) merely allows curing defects or omissions, and cannot be used to create a new cause of action post-filing. The amendment would thus alter the cause of action and be impermissible; the Rent Controller's cryptic order provides no reason for denial; hence the petition should be dismissed.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Abdul Kareem v. Muhamed Shafi | 2017 (2) KLT 645 | Positive | The court relied on Abdul Kareem v. Muhamed Shafi to hold that Section 23(1)(j) of the Act is confined to curing defects or errors in pleadings; it cannot incorporate a new ground for eviction that arose after the petition was filed. |
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