IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 OP (RC).No. 998 of 2011(O) -------------------------- RCP.47/2009 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER ------------------- SARATH CHANDRA KARTHA, AGED 49 YEARS, S/O.KRISHNAN KARTHA, BAGAVATHI INSTITUTE OF COMPUTER SCIENCE, ROOM NO:39/2473,BAPPAYIL PALACE BUILDING PUTHIYANGADI P.O.,KOZHIKODE TALUK BY ADV. SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. K.T.CHANDUKUTTY, S/O.CHATHU,SHEEJA NIVAS, ELATHUR AMSOM DESOM KOZHIKODE TALUK 2. SHEKARAN P.,S/O.RAMUTTY VAIDYAR, PUZHAVAKKATH HOUSE,ERANHIKKAL P.O., ELATHUR AMSOM(PO) KARANOOR DESOM KOZHIKODE TALUK673305 THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ. ------------------------ O.P.R.C.No. 998 OF 2011 ------------------------ Dated this the 10th day of March, 2011 JUDGMENT Pius C.Kuriakose, J. The alleged tenant has filed this original petition under Article 227 of the Constitution seeking direction to the Rent Control Court, Kozhikode to expedite Exts.P2 and P3 petitions for setting aside the ex parte order of eviction and for condoning the delay of 278 days caused in the matter. There is a further prayer that the Execution Court(the Principal Munsiff Court I, Kozhikode) be directed to keep in abeyance the order of delivery already passed in respect of the building in question. 2. The submission of Smt.Ligey Antony learned counsel for the petitioner was that if delivery is permitted to take place, Exts.P2 and P3 will become infructuous. According to her, the learned Execution Court has ordered that report regarding the delivery to be filed by 23/3/2011 and the petitioner stands at the risk of being dispossessed any day. 3. Even though Smt.Ligey Antony was very persuasive in O.P.R.C.No.998/2011 2 her submissions, we are not inclined to grant relief to the petitioner without imposing proper conditions. The arrears of rent is one of the grounds invoked in the Rent Control Petition by the landlords. According to the landlords, the monthly contract rent is Rs.7500/- per month. According to the petitioner, his status is that of a mortgagee in possession and is not liable to pay any rent at all. We are of the view that as a condition for getting relief, the petitioner should deposit a sum of Rs.2,50,000/- before the Rent Control Court towards the rent allegedly in arrears. 4. The result of the above discussion therefore is as follows; i). The Rent Control Court, Kozhikode is directed to take up, enquire into and dispose of Exts.P2 and P3 at the earliest and at any rate before the court closes for mid summer holidays. ii). Considering the above direction, the Execution Court (The Principal Munsiff Court I, Kozhikode) is directed to keep in abeyance all proceedings for delivery of the building, which is subject matter of E.P. No.79/2010 in RCP No.47/2009, till the O.P.R.C.No.998/2011 3 court reopens after mid summer holidays. 5. However, both the directions will be subject to the following condition; The petitioner shall deposit a sum of Rs.2,50000/- towards the rent allegedly in arrears within three weeks from today . We make it clear that such deposit will be without prejudice to the contention of the petitioner as to his status in the building in question. If amount is not deposited, the original petition will stand dismissed. PIUS C.KURIAKOSE,JUDGE N.K.BALAKRISHNAN, JUDGE dpk