IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 10061 of 2009(C) -------------------------- AGAINST THE ORDER DATED 18.3.09 ON I.A.No.107/09 IN R.C.P.NO.14/07 OF RENT CONTROL COURT, TIRUR. PETITIONER: --------------- CHETTARIMMAL SAIDALI, S/O MUHAMMED, KUTTIPPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT: --------------- KARIMBITHODIYIL KUNHIMUHAMMED @ BAVA HAJI, S/O ABDU HAJI, KATTIPPARUTHI AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.10061 OF 2009 ----------------------------------------------------- DATED THIS THE 27th DAY OF MARCH, 2009 J U D G M E N T PIUS C.KURIAKOSE, J. In this Writ Petition under Article 227 of the Constitution of India, the tenant who is facing eviction proceedings before the Rent Control Court, Tirur on various eviction grounds under the Kerala Buildings (Lease and Rent Control)Act (Act 2 of 1965) impugns an order passed by the Rent Control Court on 25.2.2009 allowing Exhibit P4 I.A. filed by the petitioner for setting aside the ex parte order of eviction, which was passed by the court for his default. The grievance is only that, for allowing the application certain onerous conditions were imposed. 2. Shri Muhammed Iquabal, the learned counsel for the petitioner submitted that the first condition is that arrears of rent at the rate of Rs.60/- per day (admittedly the contracted rent) should be paid. The learned counsel's submission regarding this condition is that the court below was not justified in directing payment of rent with effect from 25.8.2006. The counsel has a W.P.(C)No.10061/09 -2- further grievance that the remittance already made by the petitioner against Exhibit P3 memo has not been allowed to be adjusted against the rent ordered to be paid from 25.8.2006. The learned counsel submitted that the petitioner is aggrieved more, by the imposition of cost of Rs.5,000/-. The cost amount, according to him is exorbitant. 3. Visitorial jurisdiction of this Court is invoked only in exceptional cases. The petitioner is yet to produce copy of the order, which is impugned in this Writ Petition. But, we accept the learned counsel's submission that it is an accurate version of the impugned order, which has given in paragraph 5 of the Writ Petition. The petitioner does not deny that Rs.60/- per day is the daily contract rent. We cannot blame the learned Rent Control Court for having insisted that the writ petitioner should pay the entire arrears of rent alleged by the landlord. If he has to be given permission to contest the RCP, wherein other grounds of eviction are also invoked, of course, the petitioner should be permitted to adjust the payments, which are seen made by him towards the above arrears as per Exhibit P3. 4. We are unable to accept the submission of the learned W.P.(C)No.10061/09 -3- counsel that the sum of Rs.5,000/- imposed by the learned Rent Control Court as cost, for allowing his application is excessive. He is doing business in chicken and he is admittedly liable to pay rent at the rate of Rs.60/- per day. Even if the amount fixed by the court towards cost can be found to be slightly on the higher side, we are of the view that in this visitorial jurisdiction, we will not be justified in interfering with the discretion exercised by the court in the matter of imposition of cost. The Writ Petition will stand disposed of issuing the following directions. 1) The order impugned is sustained, but the time for payment of all the amounts payable under the order is extended till 8.4.2009. 2) All the amounts paid by the writ petitioner against Exhibit P3 will be allowed to be adjusted towards his liability under the order impugned in this Writ Petition. PIUS C.KURIAKOSE, JUDGE. M.C.HARI RANI, JUDGE. dsn