MALLIKA Vs. SREE MUTHARAMMAN TEMPLE TRUST

JUDGEMENT

(1.) The petitioner in these revision petitions is one and the same. She was arrayed as the tenant in R.C.P. No.3 of 2018 on the files of the Rent Control Court, Nedumangad instituted by the respondents under Ss. 11(2)(b), 11(3) and 11(7) of the Kerala Buildings (Lease and Rent Control) Act (the Act). The subject matter of the said proceedings is a shop room attached to a temple. The petitioner denied the title of the landlord in the said proceedings and contended that the eviction petition is, therefore, not maintainable. The sustainability of the said plea of the petitioner was adjudicated as a preliminary issue and as per order dtd. 25/3/2019, the Rent Control Court held that the plea is not bona fide and that the eviction petition is maintainable. The petitioner had not challenged the said order. The eviction petition was later tried and dismissed on merits.

(2.) The landlord instituted another proceedings thereafter for eviction of the petitioner as R.C.P. No.4 of 2019 under Ss. 11(2)(b), 11(3) and 11(7) of the Act. The petitioner denied the title of the landlord in this proceedings as well, and contended that the eviction petition is not maintainable. The Rent Control Court rejected the said plea as barred by res judicata as per order dtd. 31/1/2022. The petitioner though challenged the said order in R.C.A. No.5 of 2022, the same was dismissed by the Appellate Authority. R.C.R.No.137 of 2023 is preferred by the petitioner against the said decision of the Appellate Authority.

(3.) After instituting R.C.A. No.5 of 2022, the petitioner challenged the order dtd. 25/3/2019 in R.C.P No.3 of 2018 also, in R.C.A. No.14 of 2022. There was a delay of 1160 days in filing the said appeal and the petitioner has therefore preferred an application to condone the said delay as well. The Appellate Authority refused to condone the delay in instituting R.C.A.No.14 of 2022. Consequently, R.C.A. No.14 of 2022 was dismissed. It is aggrieved by the said decision of the Appellate Authority that R.C.R. No.153 of 2023 is preferred.