OP (RC) NO. 30 OF 2025 1 2025:KER:29881 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP (RC) NO. 30 OF 2025 AGAINST THE ORDER DATED 21.12.2024 IN IA NO.3 OF 2024 IN RCA NO.89 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, KOZHIKODE/III ADDITIONAL MACT, KOZHIKODE PETITIONER/APPELLANT 1/RESPONDENT 1: NAZEER AGED 51 YEARS S/O. ABDUL KHADER PARAMBATH HOUSE, KUNNUMMAKKARA, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501 BY ADVS. P.M.SANEER TONY GEORGE KANNANTHANAM GISON ALIYAS AJITH GEORGE KOOLA RESPONDENTS/RESPONDENTS/PETITIONERS AND RESPONDENT 2 & 3: 1 CHATHOTH PUNNAROTH NANU AGED 64 YEARS RUTHI (WHITE HOUSE), ERAMALA ORKATTERI.P.O., VATAKARA, KOZHIODE DISTRICT, PIN - 67360 OP (RC) NO. 30 OF 2025 2 2025:KER:29881 2 ARIPPOOVIL JAYANTHI AGED 50 YEARS W/O. NANU, SRUTHI (WHITE HOUSE), ERAMALA ORKATTERI.P.O., VATAKARA, KOZHIODE DISTRICT, PIN - 673601 3 NIJIL, AGED 30 YEARS S/O.NANU, SRUTHI (WHITE HOUSE), ERAMALA ORKATTERI.P.O., VATAKARA, KOZHIODE DISTRICT, PIN - 673601 4 MUHAMMAD SUHAIB AGED 33 YEARS S/O.MOOSA, GREEM PALACE, ORKKATTERY DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501 5 NAZEEMA AGED 51 YEARS D/O.ABDUL KHADER, PARAMBATH HOUSE, KUNNUMMAKKARA, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501 BY ADVS. K.MOHANAKANNAN ADARSH MOHAN K.(K/004179/2024) THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (RC) NO. 30 OF 2025 3 2025:KER:29881 J U D G M E N T A.Muhamed Mustaque, J. The petitioner is the tenant. Consequent upon the ex-parte proceedings, he was evicted. Thereafter, the ex-parte order was set aside, but the eviction had already been executed. There has been a long round of litigation between the parties till the execution was effected. We are not adverting to those circumstances, which may require a meritorious consideration at the appropriate stage while considering the landlord's claim for the rent during the appeal proceedings. The Rent Control Court ordered eviction. The tenant carried the matter in appeal. The Appellate Authority, in order to allow the tenant to contest the matter, directed him to deposit the arrears of rent. The tenant contends that, since the landlord did not allow him to occupy the building and also caused damage to the building, prevented him from running his business, they cannot claim rent for that period. The petitioner has invoked principles of OP (RC) NO. 30 OF 2025 4 2025:KER:29881 doctrine of suspension of rent to support this claim. We also note that there have been several rounds of litigation between the parties. We are of the view that the Appellate Authority shall dispose of the Rent Control Appeal itself before 15.06.2025, after hearing both sides. The impugned order is accordingly set aside, subject to the directions as above. We make it clear that we have not held that the tenant is not liable to pay the rent during the above period. It is for the Appellate Authority to decide whether the tenant is liable to pay the rent during the said period or not. The original petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P.KRISHNA KUMAR JUDGE rkj OP (RC) NO. 30 OF 2025 5 2025:KER:29881 APPENDIX OF OP (RC) 30/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE ORDER DATED 7-3-2019 IN R.C.P.NO.130/2017, OF THE RENT CONTROL COURT, VATAKARA. Exhibit P2 A COPY OF THE ORDER IN I.A.NO. 528/2019 IN RCP. 130/2017 DATED 7-7-2019 THE RENT CONTROL COURT. Exhibit P3 A COPY OF THE JUDGMENT IN O.P(RC)148/2019 DATED 29-11-2019 OF THIS HONOURABLE COURT. Exhibit P4 A COPY OF THE ORDER DATED 8-1-2020 IN I.A.NO. 1100/2019 IN RCP.130/2017, THE RENT CONTROL COURT. Exhibit P5 A COPY OF THE JUDGMENT DATED 25-10-2021 IN O.P(RC) 125/2020 OF THIS HONOURABLE COURT. Exhibit P6 TRUE COPY OF THE ORDER DATED 5-8-2022 IN CMA.NO. 3/2022 OF THE SUB COURT, VATAKARA. Exhibit P7 TRUE COPY OF THE ORDER DATED 13-4-2023 IN I.A.NO. 7/2022 IN O.S.NO. 24/2020 THE MUNSIFF COURT, VATAKARA. Exhibit P8 TRUE COPY OF THE ORDER DATED 8-6-2023 IN CMA NO.11/2023 OF THE SUB COURT, VATAKARA. Exhibit P9 TRUE COPY OF THE COMMISSION REPORT DATED 6-1-2023 IN I.A.NO. 11/2022 IN O.S.NO. 24/2022. Exhibit P10 TRUE COPY OF THE COMMISSION REPORT DATED 07-11-2023 IN I.A.NO. 18/2023. OP (RC) NO. 30 OF 2025 6 2025:KER:29881 Exhibit P11 TRUE COPY OF I.A.NO. 12/2022 DATED 18-1-2023 IN O.S.NO. 24/2020 FOR POLICE PROTECTION FIELD BEFORE THE MUNSIFF COURT, VATAKARA. Exhibit P12 TRUE COPY OF I.A.NO. 14 OF 2023 IN O.S.NO. 24/2022 DATED 25-5-2023 BEFORE THE MUNSIFF’S COURT, VATAKARA . Exhibit P13 TRUE COPY OF I.A.NO. 15/2023 IN RCP.NO.130/2017 DATED 30-9-2023 OF THE RENT CONTROL COURT, VATAKARA. Exhibit P14 TRUE COPY OF THE COUNTER STATEMENT DATED 7-10-2023 FILED BY THE LAND LORD IN I.A.NO. 15/2023 IN RCP.NO. 130/2017 OF THE RENT CONTROL COURT, VATAKARA. Exhibit P15 A TRUE COPY OF THE ORDER DATED 9-10-2023 IN I.A.NO. 15/2023 IN RCP.NO. 130/2017 OF THE RENT CONTROL COURT, VATAKARA. Exhibit P16 A TRUE COPY OF THE PETITION IA NO. 3/2024 IN RCA 89/2024 FILED BY THE RESPONDENTS 1-3 BEFORE THE HONORABLE RENT CONTROL APPELLATE AUTHORITY DISTRICT JUDGE KOZHIKKODE0 DATED 20/06/2024. Exhibit P17 THE CERTIFIED COPY OF THE OBJECTION FILED BY THE APPELLANT DATED 11/09/2024. Exhibit P18 A CERTIFIED COPY OF THE ORDER DATED 21-12-2024 IN IA NO. 3/2024 IN RCA NO.2024 OF THE RENT CONTROL APPELLATE AUTHORITY.