SUMITHRA AND OTHERS Vs. ASMATH AND OTHERS

JUDGEMENT

(1.) The petitioners are the tenants in R.C.P. No.23 of 1996 on the file of the Rent Control Court, Kasaragod, a petition for eviction filed by the respondents herein under Sections 11(4)(iv) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" for short). Though the rent control court passed an order of eviction under Sections 11(4)(iv) and 11(4)(v) of the Act, a Division Bench of this court set aside the order of eviction passed under Section 11(4)(v) of the Act while confirming the order of eviction passed under Section 11(4)(iv) of the Act in R.C.R.No.289 of 2008. The landlords thereafter obtained delivery of the building and reconstructed it. The tenants thereupon filed I.A.No.1952 of 2015 before the rent control court for an order directing the landlords to handover possession of the reconstructed building to them. The grievance voiced in this original petition filed under Article 227 of the Constitution of India is that though several years have passed thereafter, till date the rent control court has not disposed of I.A.No.1952 of 2015 filed in that regard. In this original petition, the tenants seek an order directing the Rent Control Court, Kasaragod to hear and dispose of I.A.No.1952 of 2015 in R.C.P.No.23 of 1996 in a time bound manner.

(2.) When this original petition came up for consideration before a Division Bench of this court on 9.3.2018, this court called for a report from the Rent Control Court, Kasaragod as to the present stage of the said application. The Presiding Officer of the rent control court has in turn furnished a report dated 20.03.2018, which reads as follows:

(3.) A reading of the said report discloses that the application presently stands posted to 6.4.2018 for evidence. It also discloses that it was on account of the repeated request made by learned counsel appearing on both sides that the consideration of the application was delayed. In the light of the fact that the application now presently stands posted to 6.4.2018, we are of the opinion that even without notice to the respondents/landlords, this court will be perfectly justified in directing the rent control court to hear and dispose of I.A.No.1952 of 2015 in R.C.P. No.23 of 1996 expeditiously and in any event before 30.6.2018. We accordingly dispose of this original petition with a direction to the Rent Control Court, Kasaragod to try and dispose of I.A. No. 1952 of 2015 in R.C.P. No.23 of 1996 expeditiously and in any event before 30.6.2018. Registry to communicate a copy of this order.