A. UNNIKRISHNAN Vs. ROY KOSHY JOHN AND ORS.

JUDGEMENT

(1.) THIS original petition is filed by the Legal Representative of the tenant against the predecessor -in -interest of respondents 1 to 4, the landlord, who initially filed O.S. 3/2000 before the Sub Court, Mavelikkara for fixation of fair rent and for recovery of arrears. During the life time of the landlord, the said suit was returned and was represented before the Munsiff Court, Kayamkulam, where, it was re -numbered as O.S. 220/08. The original landlord expired on 10.4.2008. On 4.3.2009, his brother, the 5th respondent herein, filed I.A. 546/09 seeking impleadment in the suit. During the pendency of that IA, consequent on the judgment of this Court in Edger Ferus v. Abraham Ittycheria [ : 2004 (1) KLT 767] as confirmed by this Court in Edger Ferus v. Abraham Ittycheria : [2009 (4) KLT 673], section 5 of the Kerala Buildings (Lease & Rent Control) Act, 1965 stood revived and therefore, the suit was converted as RCP.3/2010. Subsequently, by order dated 7.12.2010, IA.546/09 was allowed and the 5th respondent was impleaded as a party to the RCP. That order passed by the trial court was challenged by the petitioner herein, Legal Representative of the original tenant, in OP(RC).786/11 before this Court. By Ext. P1 judgment, this Court set aside the order and directed re -consideration of the matter.

(2.) SUBSEQUENTLY , Ext. P2 order was passed by the Rent Control Court dismissing I.A. 546/09 and the related applications. Still further, the Legal Representatives of the deceased landlord who instituted OS.3/2000 filed I.A. Nos. 863/12, 866/12 and 867/12 seeking to set aside abatement, to condone the delay of 1409 days and for impleadment respectively. Though these prayers were opposed, the trial court, by Ext. P3 order dated 25.10.2014, allowed the IAs. It is challenging this order, seeking a declaration that RCP.3/10 on the file of the Rent Control Court, Kayamkulam is non est ab initio as the same has been abated in 2008 and for quashing Ext. P3 order, this original petition is filed.

(3.) HEARD learned counsel for the petitioner and learned counsel appearing for the respondents and considered the submissions made.