NIKSON Vs. SAMKUTTY

JUDGEMENT

(1.) The petitioner is the respondent-tenant in RCP No.27 of 2023 on the file of the Rent Control Court (Principal Munsiff), Thrissur, which was filed on respondents herein-landlords, under Sec. 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control Act), 1965 seeking eviction of the tenant from the petition scheduled building. In that RCP, the Rent Control Court has passed an ex parte order of eviction. The tenant has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India seeking the following relief:

(2.) The document marked as Ext.P8 is the printout of daily status in E.A.No.3631 of 2023 in RCP No.27 of 2023.

(3.) The averments in the original petition would show that to set aside the ex parte order of eviction, the petitioner filed I.A.No.2 of 2023 along with I.A.No.3 of 2023 to condone the delay of 112 days in filing the former application. Those applications are pending consideration before the Rent Control Court. The landlord filed E.P.No.1651 of 2023 for executing the ex parte order of eviction, in which the tenant filed E.A.No.3631 of 2023 to keep in abeyance the proceedings to effect delivery of the petition scheduled building, till consideration of I.A.Nos.2 and 3 of 2023 in RCP No.27 of 2023. However, E.A.No.3631 of 2023 ended in dismissal by the order dtd. 19/1/2024, as evidenced by Ext.P8 daily status.