[Eviction Of Tenant] Can't Challenge Order Without Authenticated Copy, Approach Court Under Article 227 For Certified Copy, Injunction: Kerala High Court

The court added that the parties can seek an order under Article 227 of the Constitution, directing the Execution Court to issue a certified copy of the impugned order and grant an order of injunction in their favour to enable the tenant to challenge that order in appropriate proceedings.

The Kerala High Court quoted Babu Scaria v. Jessy Thomas (2018), holding that the petition “cannot challenge an order passed by the court below, without producing an authenticated copy of the same….in the context of Rule 147 of the Rules of the High Court of Kerala, 1971”  in the case of an original petition under Article 227.

A division judge bench of Justice Anil K Narendran and Justice G Girish was dealing with a case involving a tenant's plea to overturn an eviction order passed by a Rent Control Court after the landlord had sought an eviction. The tenant had challenged the ex parte order of eviction passed by the Rent Control Court.

While rejecting the plea, the court referred to the decision in Babu Scaria to quote that “by clause (b) of sub-rule (1) of Rule 147, if an order is impugned in an application filed under Article 226 or under Article 227 or Article 228 of the Constitution of India such application shall be accompanied by a copy of the order impugned. Further, sub-rule (2) of Rule 147 mandates that the copy of the impugned order and other documents which accompany an application filed under Article 226 or under Article 227 or Article 228 of the Constitution shall be authenticated as true copies”.

Counsel for Petitioners: Advocates Franklin Arackal and Neethu Soman

Case Title: Nikson v. Samkutty

Case Number: OP (RC) No. 7 of 2024

Citation: 2024 LiveLaw (Ker) 82