Objections For Roy

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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