Kerala High Court · 2024

The learned counsel for the petitioners would contend that though the building number of two shop rooms out of the total four shop rooms covered by the lease deed dated

23.04.2013 was omitted to be mentioned in the statutory notice issued under Section 11(2)(b) of the Act and also in the Rent Control Petition, the monthly rent claimed at the rate of Rs.7,000/- is inclusive of all the four shop rooms covered by that lease deed. Valid reasons have been stated in the affidavit filed in support of I.A.No.1 of 2024, for seeking such an amendment.

5. On the other hand, the learned counsel for the respondent-tenant would submit that I.A.No.1 of 2024 filed by the petitioners-landlords was highly belated, as the same was filed after the trial of the case.

6. Having considered the pleadings and materials on record and also the submissions made at the Bar, we notice that in the Rent Control Petition and also the statutory notice issued OP(RC)No.15 of 2024 6 under Section 11(2)(b) of the Act, there was an omission on the part of the landlords in mentioning the building number of all the four shop rooms covered by lease deed dated 23.04.2013. It is not in dispute that the monthly rent claimed at the rate of Rs.7,000/- is inclusive of all the four shop rooms covered by that lease deed. In such circumstances, we find no reason to sustain the impugned order dated 25.01.2024 of the Rent Control Court, whereby I.A.No.1 of 2024 filed by the landlords seeking amendment of the Rent Control Petition stands dismissed.

7. In the result, this original petition is disposed of by setting aside Ext.P5 order dated 25.01.2024 of the Rent Control Court (Munsiff), Hosdurg in I.A.No.1 of 2024 in R.C.P.No.11 of 2022, thereby allowing that interlocutory application as prayed for. The Rent Control Court shall give a reasonable opportunity to the respondent-tenant to file additional counter, and thereafter, finally dispose of R.C.P.No.11 of 2022, as expeditiously as possible. ANIL K. NARENDRAN, JUDGE Sd/- Sd/- G. GIRISH, JUDGE AV/26/3 OP(RC)No.15 of 2024 7 APPENDIX OF OP (RC) 15/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PETITION IN RCP NO. 11/2022 ON THE FILE OF THE RENT CONTROL COURT HOSDURG, Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE COUNTER ON THE RENT CONTROL COURT, (MUNSIFF) HOSDURG DATED 14/10/2022 TRUE COPY OF THE PETITION IN IA NO. 1/2024 IN RCP NO. 11/2022 ON THE FILE OF THE MUNSIFF COURT, HOSDURG TRUE COPY OF THE COUNTER ON THE RENT CONTROL COURT, (MUNSIFF) HOSDURG DATED 25/1/2024 TRUE COPY OF ORDER DATED 25/1/2024 IN IA NO. 1/2024 IN RCP NO. 11/2022 ON THE RENT CONTROL COURT, (MUNSIFF) HOSDURG