G.S. PAI AND COMPANY Vs. KADAVUMBHAGAM SYNAGOGUE

JUDGEMENT

(1.) THE petitioner is the respondent in R.C.P. No.73 of 2012 on the file of the Rent Control Court, Ernakulam. The R.C.P. was filed by Kadavumbhagam Synagogue, Market Road, Ernakulam, Kochi - 35 represented by its Managing Trustees Elias Josephai and Simon Josephai. Elias Josephai was the receiver of the Synagogue as appointed by the Court in O.S. No.65 of 1114 ME. An application was filed before the District Court, Ernakulam by a person representing the Synagogue to discharge the receiver. A mediation took place. As per the mediation agreement, the applicant therein (Abraham Sanson Josephai), Elias Josephai and their brother Simon Josephai constituted a committee for the administration of the Synagogue and its properties.

(2.) R .C.P. was filed by the Synagogue, represented by two of the committee members who described themselves as the Managing Trustees. The tenant filed an application stating that the petitioner in the R.C.P. is not entitled to receive rent and the tenant may be permitted to deposit the rent before the Court. By a detailed order, the Rent Control Court allowed that application and the tenant was permitted to deposit the rent before Court.

(3.) THE Rent Control Court held that the expression "managing trustees" were made in the cause title of the R.C.P. by mistake and the petitioner in the R.C.P. should be permitted to correct the mistake. As regards the contention raised by the tenant that the persons who filed R.C.P. are not entitled to represent or manage the affairs of the Synagogue and that they are not entitled to receive the rent on behalf of the Synagogue, it was held that these contentions could be raised by the tenant in the main proceeding. It was held that such an objection is not a ground for dismissing the application for amendment.