IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 RCRev..No. 380 of 2011() ------------------------ RCA.29/2011 of RENT CONTROL APPELLATE AUTHORITY, THALASSERY RCP.30/2009 of RENT CONTROL COURT, THALIPARAMBA (IA.78/2011) .................... REVISION PETITIONER/APPELLANT/RESPONDENT IN RCP(S): -------------------- PREMIER SALES CORPORATION, REPRESENTED BY ITS MANAGING PARTNERS, 1.KAKKOTTAKATH PUTHIYAPURAYIL ABDUL JABBAR HAJI, S/O. MOIDEEN HAJI, AGED 52 YEARS, RESIDING AT MIN HAJ MANZIL, NEAR SEETHI SAHIL HIGH SCHOOL, TALIPARAMBA AMSOM DESOM P.O.TALIPARAMBA PIN 670141. 2.K.P.JAFFAR, S/O.MOIDEEN HAJI, RESIDING AT K.P.HOUSE, MANNA, TALIPARAMBA AMSOM DESOM, P.O. TALIPARAMBA PIN 670141. BY ADV. SRI.R.SURENDRAN RESPONDENT(S)/RESPONDENT/PETITIONER IN RCP: --------------- KAKKOTTAKATH VALAPPILE PURAYIL MUHAMMED KUNHI HAJI S/O. C.P.UMMER KUTTY, AGED 57 YEARS, TALIPARAMBA AMSOM DESOM, P.O. TALIPARAMBA. PIN 670 141. ADV. SRI.P.U.SHAILAJAN FOR CAVEATOR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ R.C.R.No. 380 OF 2011 ------------------------ Dated this the 11th day of October, 2011 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed by the tenant, a partnership firm, is the judgment of the Rent control Appellate Authority confirming the order passed by the Rent Control Court on I.A. No.78/2011, which was an application filed by the petitioner for reception of an additional counter. The contention sought to be introduced through the additional counter proposed , was that all the partners of the revision petitioner firm, which is an unregistered firm, should be made parties to the Rent Control Petition. The learned Rent Control Court dismissed the application mainly on the ground of delay. 2. The Appellate Authority under the impugned judgment endorsed the reasoning of the learned Rent Control Court. 3. Having considered the submissions addressed at the Bar by Sri.R.Surendran learned counsel for the revision petitioner and RCR.No.380/2011 2 Sri.P.U.Shailajan learned counsel for the respondent/landlord, we are of the view that the learned Rent Control Court was not justified in dismissing I.A. No.78/2011 on the ground of delay. It is not disputed that the tenant is a partnership firm. It is also not disputed that the above partnership firm is an unregistered firm. That being so, we feel that it is in the interest of the landlord also that all the partners of the above firm come on record as additional respondents in the rent control petition. We are told that in the additional counter, which was proposed by the revision petitioner, name and address of the other partners of the firm have been disclosed. We notice that there was considerable delay in filing I.A. No.78/2011. We are, therefore, inclined to allow the above I.A. as well as the present revision only on terms. 4. Accordingly, this revision petition is allowed in the following terms; i). The order of the Rent Control Court in I.A. No.78/2011 and the judgment of the Rent Control Appellate Authority in RCA No. 29/2011 are set aside. I.A. No.78/2011 will stand allowed on condition that the revision petitioner pays to the RCR.No.380/2011 3 respondent/landlord either directly or through respondent's counsel in this court or the lower court within seven days from today a sum of Rs.5245/- and produce receipt before the Rent Control Court. Once the Rent Control Court notices the above receipt, the additional counter dated 7/1/2011 filed by the revision petitioner in the rent control petition shall be received on file and the partners mentioned against serial numbers 3 to 7 in paragraph 3 of the above additional counter will be impleaded by the learned Rent Control Court as additional respondents in the Rent Control petition. As the additional respondents are being impleaded in their capacity as the partners of the first respondent firm already on the array of parties, the Rent Control Court need not give opportunity to them for filing additional counter statements. ii). The trial of the rent control petition shall be expedited and the rent control petition shall be finally disposed of by the Rent Control Court at the earliest and at any rate before the 30th November 2011. iii). If the Rent Control Court experiences any difficulty in completing service of notice on the additional respondents RCR.No.380/2011 4 impleaded pursuant to this order, the learned Rent Control Court shall invoke the provisions of Rule 11 (4)(d) of the Building (Lease & Rent Control) Rules. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk