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High Court of KeralaOP(C)/1770/2015dismissed

E.K.John v. Babu Sacharia

2015-12-14Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 OP(C).No. 1770 of 2015 (O) --------------------------- I.A. NO. 697/2015 IN OS NO. 169/2015 OF MUNSIFF COURT, THODUPUZHA ------------------- PETITIONER :

---------------------- E.K.JOHN, AGED 64 YEARS S/O.KORAH, ELLICKAL HOUSE, KOLANI KARA THODUPUZHA VILLAGE-685584.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G.

SRI.DIPU JAMES RESPONDENT :

------------------------ BABU SACHARIA, S/O.LATE SACHARIA, AGED 58 YEARS KOONAMMAKKAL HOUSE, MYLACOMBU KARA KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK-685584. BY ADVS. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

OP(C).No. 1770 of 2015 (O) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 TRUE COPY OF I.A. NO.697 OF 2015 IN O.S.169 OF 2015 DTD.08.05.2015 OF THE MUNSIFF COURT, THODUPUZHA.

EXT. P2 TRUE COPY OF THE OBJECTIONS DTD.12.06.2015 IN I.A.697 OF 2015 IN O.S.169 OF 2015.

EXT. P3 TRUE COPY OF ORDER DATED 10.07.2015 IN I.A.697 OF 2015 IN O.S.169 OF 2015 OF THE MUNSIFF'S COURT, THODUPUZHA. EXT. P4 COPY OF ORDER DTD. 14.5.2015 PASSED BY LEARNED DISTRICT COURT (VACATION COURT), THODUPUZHA IN IA. NO. 867 OF 2015. RESPONDENT(S)' EXHIBITS :

------------------------------------------------ EXT. R(1) COPY OF THE PLAINT IN OS NO. 169 OF 2015 BY MR. RAJESH UNDER THE RTI ACT.

EXT. R(2) COPY OF THE CHELLAN RECEIPTS.

EXT. R(3) COPY OF THE INFORMATION RECEIVED FROM PUBLIC INFORMATION OFFICER, THODUPUZHA, MUNICIPALITY.

EXT. R(4) COPY OF THE INFORMATION RECEIVED FROM PUBLIC INFORMATION OFFICER, POLICE STATION, THODUPUZHA.

//TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C).No. 1770 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2015

J U D G M E N T

The petitioner is the plaintiff in OS.169 of 2015 of Munsiff Court, Thodupuzha. The suit is for arrears of rent. The respondent is his lessee. The rate of rent claimed is Rs.70,000/- (Rupees seventy thousand only) per month. The total amount claimed in the suit is about Rs.4 lakhs. Along with the plaint he filed an application under Order 38 Rule 5 CPC. This has been dismissed by the learned Munsiff. Its correctness is challenged.

2.

Heard.

3.

Admittedly, the respondent has given the petitioner Rs.7,50,000/- (Rupees seven lakhs fifty thousand only) as security. Learned counsel for the respondent submits that pursuant to the orders passed by the rent control court the respondent has deposited Rs.1,00,000/- (Rupees one lakh only) also. The security amount is almost double the amount that has been claimed in the suit. The learned Munsiff rightly dismissed the application under Order 38 Rule 5 CPC. Learned

O.P.(C).No. 1770 of 2015 counsel for the petitioner submits that this court may pass an order for appropriation of the security amount. It is a matter to be agitated in appropriate proceedings. In the result, this OP is dismissed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge