SALIH INDUSTRIAL ENTERPRISES PVT. LTD Vs. J.VASANTHA

JUDGEMENT

(1.) M/s. Salih Industrial Enterprises Pvt. Ltd. is the petitioner in all the OP (RC)s. The OP (RC)s are filed questioning common order dated 29.09.2020 in I.A.No.4/2020 in RCP.No.69/2016, IA.No.2/2020 in RCP.No.70/2016, IA.No.2/2020 in RCP.No.71/2016, IA.No.4/2020 in RCP.No.73/2016 & IA.No.1 of 2020 in RCP.No.74/2016. The operative portion of the order reads thus :-

(2.) In F.No.38301/2020 filed questioning the very same common order, the Registry has taken objection on the maintainability of the OP (RC) under Article 227 of the Constitution of India for the order impugned is appealable under Section of the 18(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 [for short, 'the Act']. We are of the view that the OP (RC)s filed under Article 227 of the Constitution of India against the interlocutory order by passing the remedy of appeal available under Section 18 of the Act, is not legal. The interlocutory orders, in fact are appealable before the Appellate Authority.

(3.) Be that as it may, Adv.M.Sreekumar submits that one of the reasons for filing the present batch is to protect the right of the petitioner herein viz. that the petitioner shall not be prevented from filing an application for the prayers made in this behalf, the RCP lands before the Appellate Authority as RCA. He wants the rights which are canvassed in these applications and the rights that may accrue during the pendency of the RCP and RCA are protected by appropriate observation for independently working out the relief before the Appellate Authority. The common order in fact has not refused the prayer of petitioner, but the trial court felt it was desirable to dispose of the main case. We are of the view that the Act protects the rights of landlord in this behalf, however to avoid confusion and misunderstanding, we make it clear that the petitioner is granted liberty to file application in accordance with law, and if such applications are filed, it is made clear that the order now passed in the interlocutory application dated 29.09.2020 shall not be understood as in any way restricting the right of petitioner to press for available prayers in accordance with law, before the Appellate Authority. The application filed is disposed of on merits after hearing the parties.