Sabitha Lalan vs M.V.Bahuleyan on 8 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20786 of 2010(W)


1. SABITHA LALAN, AGED 35 YEARS,
                      ...  Petitioner

                        Vs



1. M.V.BAHULEYAN, S/O.VELU, BUSINESS,
                       ...       Respondent

                For Petitioner  :SRI.T.I.DANIEL

                For Respondent  :SRI.JIMMY JOHN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :08/07/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                       ------------------------
                    W.P.(C).No. 20786 OF 2010
                       ------------------------

                Dated this the 8th day of July, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

The tenant is the petitioner in this writ petition under Article

227. The grievance, which she voices, is that the Rent Control

Court, Ernakulam passed an order of eviction on the grounds of

arrears of rent and cessation of occupation without actually

serving notice of the RCP on her. According to her, the

respondent/landlord is now levying execution of that eviction

order and that too showing not her permanent address in the

E.P. but the address of the building which remains closed even

according to the landlord.

2. Mr.T.I.Daniel, learned counsel for the petitioner,

submitted that the petitioner has already filed application before

the Rent Control Court for getting the ex parte eviction order set

aside. The learned counsel submitted that a separate application

has been field seeking condonation of delay also. His request is

that at least till such time the Rent Control Court takes decision

on the petition to set aside ex parte order, the Execution Court

WPC.No.20786/2010 2

be directed to refrain from ordering delivery.

3. Having regard to the submissions of Mr.T.I.Daniel, we

feel that even without examining the merit of the grounds raised

and the correctness of his submission regarding the

circumstances under which ex parte order of eviction happened

to be passed against the petitioner, limited relief can be given to

the petitioner. Hence, we dispose of this writ petition continuing

the interim order already passed by us in this writ petition till

30/8/2010. The Execution Court shall not order delivery of the

building in question till that date. It is open to the petitioner to

seek appropriate reliefs from the Rent control Court or any other

authority under the Rent Control Act in the meanwhile.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk