LAWS(KER)-2022-5-209

KUNHAYAMU ALIAS KUNHAPPU Vs. K.JAYALAKSHMI

Decided On May 31, 2022
Kunhayamu Alias Kunhappu Appellant
V/S
K.Jayalakshmi Respondents

JUDGEMENT

(1.) The tenant is the petitioner. Respondents-landlords filed R.C.P No.35 of 2017 before the Rent Control Court (Munsiff), Manjeri seeking eviction of the petitioner from the petition schedule shop room under sec. 11(2)(b), 11(3) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Petitioner remained ex parte and therefore the Rent Control Court after recording evidence on the part of the respondents passed an ex parte order of eviction on 18/1/2018. An appeal under Sec. 18(1)(b) of the Act was filed by the petitioner before the Rent Control Appellate Authority (District Judge), Manjeri as RCA No.7 of 2019. There was a delay of 368 days in filing the appeal. The Appellate Authority as per order dtd. 2/6/2020 in I.A.No.236 of 2019 dismissed the application for condonation of delay. Consequently the appeal was also dismissed. Challenging the said orders, the petitioner has filed this revision under sec. 20 of the Act.

(2.) On 1/7/2020, this court stayed the proceedings in E.P.No.610 in R.C.P.No.35 of 2017 for a period of six weeks. That order was extended from time to time and is still in force.

(3.) Heard the learned counsel appearing for the petitioner and also the learned counsel appearing for the respondents.