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B.U.Afsal vs Jasmine Rasheed

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

K.T. SANKARAN,J.
The petitioner is the respondent in R.C.P.No.61 of 2013 on the file of the Rent Control Court, Ernakulam. The Rent Control Petition was filed by the respondent under Section 11 (2)(b) of the Kerala Building (Lease and Rent Control) Act. The landlord filed an application under Section 12 of the Act to direct the tenant to deposit the admitted arrears of rent. In that application (I.A.No.8530/2013), a counter affidavit was filed by the tenant stating that he was ready to pay the arrears of rent. The Rent Control Court passed Ext.P5 order dated 25.3.2014 directing the tenant to pay the admitted arrears within thirty days. Since the arrears of rent was not paid, the Rent Control Court passed an order dated 4th June, 2014 (Ext.P6) under Section 12(3) of the Act and the proceedings were stopped and the tenant was directed to put the landlord in possession of the petition schedule building. It is seen from Ext.P6 that the counsel for the tenant reported no instructions. Thereafter, proceedings for delivery were taken by the landlord. At that juncture, the tenant filed I.A.No.5675/2014 for setting aside Ext.P6 order. It is submitted by the learned counsel for the petitioner that the Rent Control Court dismissed I.A.No.5675/2014 on 31.10.2014. The petitioner filed an application for getting certified copy of that order, on 4.11.2014.
2. This O.P.(RC) is filed for a direction to the Rent Control Court, Ernakulam to issue certified copy of the order dated 31.10.2014 in I.A.No.5675/2014 at the earliest and to stay the execution proceedings in the meanwhile.
3. Heard the learned counsel for the petitioner and the learned senior counsel appearing for the respondent.
In the facts and circumstances, there will be a direction to the Rent Control Court, Ernakulam to issue certified copy of the order dated 31.10.2014 in I.A.No.5675/2014 in R.C.P.No.61/2013 to the petitioner within a period of one week. Delivery of the petition schedule building will stand adjourned till 25.11.2014.
The O.P.(RC) is disposed of accordingly.
K.T. SANKARAN, JUDGE.
acd P.D. RAJAN, JUDGE.
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Title

B.U.Afsal vs Jasmine Rasheed

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • K T Sankaran
  • P D Rajan
Advocates
  • Sri Harish
  • Sri