INDIRA DEVI Vs. EDVIN TEDDY

JUDGEMENT

(1.) THE petitioners filed Rent Control Petition No.55 of 2012 on the file of the Rent Control Court, Thiruvananthapuram against the respondent under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Control Court passed an exparte order of eviction on 15.11.2013.

(2.) THE respondent/tenant filed an application on 17.12.2013 to set aside the exparte order. There was delay of 14 days in filing the application. At the time when the application to set aside the exparte order was filed, no application was filed to condone the delay.

(3.) THE reason stated for condonation of delay is that during the relevant time, the tenant was suffering from jaundice. This was disputed by the landlord. According to the landlord, the tenant is running an internet cafe. The landlord filed I.A.No.2569 of 2014 to issue a direction to the tenant to produce the bills/invoices issued by his internet service provider during the period from 15.11.2013 to 15.12.2013 and the bills covering the period just before and after the period from 15.11.2013 to 15.12.2013. This application was filed, probably to disprove the averment made by the tenant that he was suffering from illness during the relevant period. The court below dismissed the application by the order dated 17.03.2014, which is under challenge in this O.P.(RC).