RCRev.No.237 of 2023 1 2025:KER:9285 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 RCREV. NO. 237 OF 2023 AGAINST THE JUDGMENT DATED 22.07.2023 IN RCA NO.21 OF 2022 OF RENT CONTROL APPELLATE AUTHORITY/ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOZHIKODE REVISION PETITIONER/APPELLANT/PETITIONER IN I.A./RESPONDENT IN RCP: AAMAYATTU MEETHAL VASANTHA AGED 53 YEARS D/O GOPALAN, SAGARA, 2/584 NADUVANNUR AMSOM DESOM, KOYILANDY TALUK (WRONGLY ENTERED) AND CORRECT ADDRESS BEING VASANTHA, W/O RAGHU, AGED 53 YEARS, KOTTAPPURATH, SAGARA HOUSE, NADUVANNUR AMSOM DESOM, KOYILANDY TALUK, P.O. NADUVANNUR, KOZHIKODE DISTRICT, PIN - 673614 BY ADVS. ABRAHAM MATHEW (VETTOOR) ANIL ABEY JOSE VISHNUJA P.M. RESPONDENT/RESPONDENT/RESPONDENT IN I.A./PETITIONER IN RCP: SAHADUDHIN S/O. MAMMAD KOYA, AGED 57 YEARS, ATHIKKAVEETIL,NAGARAM AMSOM DESOM, RCRev.No.237 of 2023 2 2025:KER:9285 CALICUT, KOZHIKODE DISTRICT, KERALA, PIN - 673001 BY ADVS. SUSMITH KUMAR T.D T.O.DEEPA(K/180/2008) JAYKAR.K.S.(K/738/2003) C.SIVADAS(K/798/2012) THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON 07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCRev.No.237 of 2023 3 2025:KER:9285 ORDER P. Krishna Kumar, J. The respondent in a Rent Control proceeding is before us for setting aside the ex parte order passed against her. As per Annexure A2 order dated 13/07/2015, the Rent Control Court, Koyilandy directed the petitioner herein to vacate the premises on finding that the respondent bona fide requires the vacant possession of the petition-scheduled house. 2. According to the petitioner, the petition-scheduled building belonged to her deceased husband who availed a loan of Rs.3,00,000/- from the respondent and he was forced to execute a sale deed in favour of the respondent as a security for the amount borrowed. The petitioner further disputes the genuineness of the rent deed produced by the RCRev.No.237 of 2023 4 2025:KER:9285 respondent. The petitioner contended that when she received the notice on institution of the eviction petition, she met a lawyer who advised her not to appear before the court as there was a mistake in the name of the father of the respondent in the rent control petition. The same mistake occurred in the lease deed as well. The petitioner contended that her husband was unwell due to kidney disease and had been undergoing dialysis almost all days till 19.10.2019, on which date he died and that is the reason why later she was not able to contact her lawyer. The petitioner further contended that the lawyer by mistake filed a vakkalath in the rent control proceedings, but did not file any objection and ultimately the impugned order was passed ex parte and the petitioner came to know about Annexure A2 order when she received notice in the execution petition. Thereafter, she immediately approached the Rent Control Court to set aside the ex parte order together with a petition to condone the delay of 1549 days, but the Rent Control Court RCRev.No.237 of 2023 5 2025:KER:9285 dismissed the same as per Annexure A6. Though the petitioner challenged the said order before the Rent Control Appellate Authority, the same has also resulted in dismissal, hence this revision petition. 3. Heard the learned counsel appearing for the petitioner and the respondent. 4. The petitioner is a widow and she contended that she was unable to contest the case for two reasons, viz., illness of her husband which ultimately led to his death and the misguiding advice of her lawyer. 5. Even though we are not impressed by the second contention, we cannot ignore the fact that the petitioner lost her husband in the year 2019 and it remains undisputed that he was suffering from acute kidney disease. The petitioner has a serious challenge against the eviction petition on merit. Considering all these aspects, we are of the view that it would only be RCRev.No.237 of 2023 6 2025:KER:9285 just and proper to permit her to contest the matter on merit by setting aside Annexure A2 ex parte order by condoning the delay. However, the petitioner is bound to compensate the respondent for the loss and suffering owing to the delay occasioned in the meanwhile. 6. In the result, the revision petition is allowed and Annexure A2 order is set aside on the following conditions: (i) The petitioner shall deposit the alleged arrears of rent before the Rent Control Court on or before 02.06.2025. (ii) The petitioner shall pay Rs.5,000/- (Rupees Five Thousand only) to the respondent through his counsel appearing before this Court. (ii) The parties shall appear before the Rent Control Court on 02/06/2025. RCRev.No.237 of 2023 7 2025:KER:9285 (iii) The petitioner shall fully cooperate with the trial and appear before the court as and when directed by it. If the petitioner does not comply with any of the above conditions, this order shall be treated as cancelled and then the respondent will be at liberty to proceed against the petitioner for vacating the petition- scheduled premises based on the original order. Considering the undue delay occurred in this matter, the Rent Control Court shall take all efforts to dispose of the matter before 31.08.2025. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE sv RCRev.No.237 of 2023 8 2025:KER:9285 APPENDIX OF RCREV. 237/2023 PETITIONER'S ANNEXURES Annexure 1 A TRUE COPY OF THE PETITION IN RCP NO. 58/2014 OF THE HON’BLE RENT CONTROL COURT (MUNSIFF), KOYILANDY DATED 10-12-2014 Annexure A2 A TRUE COPY OF THE ORDER SO PASSED BY THE HON’BLE RENT CONTROL COURT (MUNSIFF), KOYILANDY DATED 13-07-2015 Annexure A3 A TRUE COPY OF THE EP. NO.99/2018 FILED IN RCP NO. 58/2014 OF THE HON’BLE RENT CONTROL COURT (MUNSIFF), KOYILANDY DATED 06-12-2018 Annexure A4 A TRUE COPY OF THE IA 1263/2019 FOR SETTING ASIDE THE EX PARTE ORDER ALONG WITH THE SUPPORTING AFFIDAVIT DATED 25-10-2019 Annexure A5 A TRUE COPY OF THE IA 1262/2019 FOR CONDONATION OF DELAY ALONG WITH THE SUPPORTING AFFIDAVIT DATED 25-10-2019 Annexure A6 THE LEARNED RENT CONTROLLER SUBSEQUENTLY PASSED A COMMON ORDER DATED 28-10-2021 IN I.A. NOS. 1262 OF 2019 AND 1263 OF