P. K. SAJEEV Vs. P. P. K. SONS

JUDGEMENT

(1.) The petitioners are the tenants under respondents 1 and 2, the landlords. They have preferred I.A.No.9 of 2020 in RCP No.6 of 2016 of the Munsiff's Court, Muvattupuzha under Section 3(1) of the Kerala Buildings (Lease and Rent Control Act), 1965 (hereinafter referred to as the Rent Control Act for short) read with Section 151 of the Code of Civil Procedure, 1908 with a prayer to return the above Rent Control Petition to the landlords for the purpose of submitting the same before the Munsiff's Court, Kothamangalam. According to the tenants, the subject matter of the rent control petition pertains to B.No.XXX/1102 and XXX/1103 of Kothamangalalm Municipality. When the rent control petition was instituted, the Rent Control Court, Muvatupuzha was having jurisdiction to entertain and adjudicate the disputes coming under the Rent Control Act in respect of the buildings which are situated within the area of Kothamangalam Taluk. But, on 19.10.2019, the Munsiff's Court, Kothamangalam has been established and thereafter, the above rent control petition was transferred to Rent Control Court, Kothamangalam by the Munsiff's Court, Muvatupuzha. However, the Munsiff Court's, Kothamangalam was not notified as Rent Control Court under Section 3(1) of the Rent Control Act by the Government and the rent control petition was returned to the Munsiff's Court, Muvatupuzha and trial continued therein.

(2.) According to the tenants, there is a notification vide SRO No.390/73 (Notification bearing No.39445/B2/72/PW dated 30.05.1973 published in the Kerala Gazette No.25 dated 19.06.1973) and as per this notification, Munsiffs, both Principal and Additional, having jurisdiction over the areas, within which the provisions of the Act have been extended, are appointed as Rent Control Courts for the said areas. So, based on this notification, a separate notification empowering the Munsiff's Court, Kothamangalam as Rent Control Court is not required. So also, in view of the aforesaid notification, Munsiff's Court, Muvatupuzha lacks jurisdiction to entertain and adjudicate dispute coming under the Rent Control Act in respect of the buildings which are situated within the area of Kothamangalam Taluk. Hence, they filed I.A.No.9 of 2020 to return the Rent Control Petition and the documents to the landlords for enabling them to resubmit the same before the Munsiff's Court, Kothamangalam.

(3.) The landlords filed counter affidavit resisting the relief sought for in the said application. According to them, the aforesaid I.A. was filed suppressing various facts, including the judgment of this Court in O.P.(R.C.) No.6 of 2020. The landlords also admit that, initially, the rent control petition was filed before the Munsiff Court, Muvatupuzha and thereafter due to the establishment of Munsiff's Court, Kothamangalam by transferring some of the area from the Munsiff's Court, Muvatupuzha to Munsiff's Court, Kothamangalam, the rent control petition was also transferred to Munsiff's Court, Kothamangalam. But on 15.11.2019, the Munsiff's Court, Kothamangalam passed an order that it is not a notified court under Section 3(1) of the Rent Control Act and it cannot take up the rent control petitions. Thereafter, the rent control petition was re-transferred to rent control court, Muvatupuzha where the rent control petition was initially instituted.