CHATHOTH PUNNAROTH NANU Vs. NAZEER

JUDGEMENT

(1.) The petitioners filed R.C.P.No.130 of 2017 before the Rent Control Court (Munsiff), Vatakara, a petition filed under Ss. 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965, seeking eviction of respondents 1 and 2 herein-tenants from the petition schedule shop room. The 3rd respondent herein is the alleged sub-lessee. In the Rent Control Petition, the tenants filed counter opposing the order of eviction sought for. The 3rd respondent filed separate counter. On 7/3/2019, the tenants and the alleged sublessee were set ex parte and the Rent Control Court passed an order of eviction under Ss. 11(3) and 11(4)(v) of the Act. On 21/3/2019, the tenants filed I.A.No.528 of 2019 in R.C.P.No.130 of 2017, under Sec. 23(1)(h) of the Act, seeking an order to set aside the ex parte order dtd. 7/3/2019. In that application, the landlords filed a counter statement dtd. 24/6/2019. The delivery of the petition schedule shop room was effected on 23/5/2019, as evidenced by Ext.P5. The landlords-judgment holders have taken the risk of effecting delivery without giving notice to the tenants in the execution petition. The application filed by the tenants to set aside the ex parte order of eviction was allowed by Ext.P6 order dtd. 7/7/2019. Thereafter, the tenants filed I.A.No.1100 of 2019 in R.C.P.No.130 of 2017, under Sec. 144 of the Code of Civil Procedure, 1908, seeking redelivery of the petition schedule shop room. The landlords filed counter statement opposing the relief sought for in that application. After considering the rival contentions, the Rent Control Court allowed I.A.No.1100 of 2019 in R.C.P.No.130 of 2017 by Ext.P12 order dtd. 8/1/2020, whereby the landlords are directed to re-deliver the petition schedule shop room to the tenants within a period of one month from the date of that order. Feeling aggrieved by Ext.P12 order of the Rent Control Court, the landlords are before this Court in this original petition filed under Article 227 of the Constitution of India.

(2.) On 12/11/2020, when this original petition came up for admission, this Court admitted the matter on file and issued notice to the respondents. This Court granted an interim order staying the delivery of the shop room scheduled in R.C.P.No.130 of 2017 of the Rent Control Court, Vatakara pursuant to Ext.P12 order, for a period of eight weeks. The said interim order, which was extended from time to time, is still in force.

(3.) Heard the learned counsel for the petitioners-landlords and also the learned counsel for respondents 1 and 2-tenants. Despite service of notice, none appears for the 3rd respondent-the alleged sub-lessee.