MOIDEEN KOYA Vs. K.GIRISH KUMAR

JUDGEMENT

(1.) An order passed by the Rent Control Court holding the view that the petitioner/landlord is bound to pay stamp duty for security deposit given by the tenant, as per Article 33(c) of the Kerala Stamp Act, is under challenge in this original petition.

(2.) The petitioner had filed RCP No.13 of 2012 before the Rent Control Court, Kozhikode. Eviction was sought under Section 11 (4) (v) of the Act. Ext.P2 is the copy of the RCP filed by the petitioner. A lease agreement was executed between the landlord and the tenant on 29.9.2010, in which the monthly rent payable was fixed as 3,500/-. An amount of 50,000/- was given by the tenant as security deposit which was refundable on termination of the lease. The tenant was set as ex-parte and the case was posted for ex-parte evidence and the petitioner filed the chief affidavit also. The Rent Control Court refused to mark the lease agreement for the reason that the same is under stamped and the court ordered to pay deficit of the stamp duty along with penalty for security and the rent payable as per the lease agreement. The said order is dated 4.1.2013. The petitioner filed I.A.No.278 of 2013 to review the said order and the present impugned order is passed on the said I.A.

(3.) We heard learned counsel for the petitioner Sri. S.Nirmal and learned Government Pleader Sri.R.Padmaraj. The first respondent tenant has not entered appearance.