K.I. GEEVAR Vs. V.K. SELVAN

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P.No.9 of 2014 on the file of the Rent Control Court, Alathur. The respondent is the landlord therein. The respondent landlord instituted R.C.P.No.9 of 2014 on 12.8.2014 praying for an order of eviction under sections 11(2)(b), 11 (3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as 'the Act' for short.

(2.) Upon receipt of notice, the tenant entered appearance and filed a counter statement opposing the prayer for eviction. Inter alia, he also denied and disputed the title of landlord and contended that there is no landlord tenant relationship between the parties. R.C.P.No.9 of 2014 was included in the list on 4.6.2015. On that day, the petitioner in the rent control petition was examined as PW1 and Exts.A1 to A8 and Ext.C1 report submitted by the Advocate Commissioner were marked and the case was adjourned for further evidence to 6.6.2015. On that day a witness to Ext.A5 rent deed produced by the landlord was examined as PW2. After PW2 was examined, evidence on the side of the landlord was closed and the rent control petition was adjourned to 8.6.2015 for the evidence of the tenant. On 8.6.2015, the tenant was absent. His counsel thereupon reported no instructions. The name of the tenant was called and he was set ex-parte. Learned counsel appearing for the landlord was heard and the rent control petition was adjourned to 9.6.2015 for orders. On 9.6.2015, the rent control court passed an order of eviction under sections 11(2)(b), 11(3) and 11(4)(i) of the Act.

(3.) Within the period of limitation prescribed for the purpose viz; thirty days, the tenant filed an application under order IX Rule 13 of the Code of Civil Procedure praying that the order of eviction passed on 9.6.2015 after setting him ex-parte on 8.6.2015 may be set aside and the rent control petition taken up for trial and disposal. The aforesaid application was filed on 7.7.2015. The court below declined to number the application on the ground that the rent control petition was allowed on the merits and therefore, a petition under order IX Rule 13 of the Code of Civil Procedure is not maintainable. Consequently the unnumbered application to set aside the ex-parte order of eviction was returned to the tenant's counsel on 10.7.2015.