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BEFORE THE HONBLE RENT CONTROL COURT AT ERNAKULAM

R.C.P. No 91 of 2005

Dr P.C.Xavier : Petitioner
Vs
Mary and others : Respondents

OBJECTIONS FILED BY THE RESPONDENTS IN THE ABOVE

PETITION

1. These objections are filed in answer to the averments contained in the

above petition. All averments in the above petition save those that are
expressly admitted hereunder stand denied.
2. It is submitted that the above Rent Control Petition is not maintainable in
law or on facts. The petition lacks in bonafides as well. The petitioner has
no cause of action.
3. The averments contained in paras 1 and 2 are not fully correct and hence
denied. The petition schedule building was leased out to the father of these
respondents Sri Thomas.by the father of the petitioner. In the petition
schedule building the 6th respondent is conducting a tailor shop by name
‘Mercy Tailors’.It is not correct to say that the respondents are not
conducting any business in the petition schedule building for the past one
year. It is not remaining closed/locked continuously for more than one year.
As submitted a tailor shop is being conducted there. The 6 th respondent’s
wife is a heart patient. His only child is a handicapped girl who cannot take
care of herself. Both the wife and child of the 6th respondent are under
medical treatment. There is nobody expect the 6th respondent to take care of
them. The 6th respondent had to take short breaks during the daytime to
attend to the emergent medical situations. Consequently during short
intervals the tailor shop would be kept closed leaving the charge to 7 th
respondent who is conducting bakery business in the building situate
opposite to the petition schedule building. There has never been continuous
cessation of occupation of the petition schedule building for more than 6
months. The petition schedule building in a bad shape. This is not on
account of cessation of occupation. At no point of time in the past the
petitioner has done any repair or maintenance work. The requests made by
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the respondents for carrying out repair and maintenance works have fell on
deaf ears. Periodic repair and maintenance works are done by these
respondents.
4. The averments contained in paras 3 and 4 are not fully correct and hence
denied. The petitioner had never requested these respondents to surrender
vacant possession of the building. The petition schedule building is used by
the 6th defendant for conducting tailor shop. The claim of the petitioner is
not bonafide. The respondents will be put to considerable injury and
hardship in case eviction is ordered. The 6th respondent is depending upon
the tailor shop situate in the petition schedule property for making meet
both ends. He has no other avocation. Nor is he skilled in any other job. His
heart patient wife and handicapped girl child are dependent upon him.
Eviction will cause serious prejudice and hardship to him. The petitioner
was not willing to receive the rent from the respondents. When the
respondents tendered payment of rent the petitioner refused to receive the
same. Hence the arrears. Significantly the petitioner has filed the above
petition even without issuing the statutory notice as provided proviso to
section 11(2)(b) of the Buildings(Lease & Rent Control) Act.
5. As regards the averments contained in paras 5 and 5 it is submitted that the
petitioner has no cause of action as against these respondents. The
petitioner is not entitled to all or any of the reliefs sought for in the above
petition. Hence it is prayed that this Honble Court be pleased to dismiss the
above petition with costs.
Dated this 8th day of October, 2005

RESPONDENT No 1
RESPONDENT No 2
RESPONDENT No 3
RESPONDENT No 4
RESPONDENT No 5
RESPONDENT No 6
RESPONDENT No 7
RESPONDENT No 8

COUNSEL FOR THE RESPONDENTS

All the facts stated above are true to the best of our knowledge, information and
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belief and we affirm and declare them to be true and correct.

Dated this the 8th day of October, 2005

RESPONDENT No 1
RESPONDENT No 2
RESPONDENT No 3
RESPONDENT No 4
RESPONDENT No 5
RESPONDENT No 6
RESPONDENT No 7
RESPONDENT No 8