CHINNAMMA Vs. GOPALAN

JUDGEMENT

(1.) The first respondent in O.P.No.10288/28, Kerala High Court - hereinafter referred to as the Rs. tenant' - appeals against the judgment of the High Court dated 27-10-1994. The petitioner in the original petition - hereinafter referred to as the Rs. landlord' is the first respondent herein. The statutory authorities and other pro forma respondents in the High Court are the respondents in this civil appeal. The learned Judge of the High Court, by the judgment dated 27-10-1994, in exercise of the power under Art.227 of the Constitution, set aside the order passed by the District Judge, Palakkad in R.C.R.P. No.6 of 1985 dated 31-7-1986 (Ext.P.3) and restored the order passed by the Rent Control Court and appellate authority rendered in I.A. No.764/82 in R.C.P. (O.P.) No.141/77 (Ext.P-1) and R.C.A. 68/83 (Ext.P-2). The appellant tenant was given three months Rs. time to surrender the possession of the building in question to the respondent-landlord.

(2.) This litigation has a chequered history. The appellant is a tenant of a residential building bearing Door No.22/70 in Sriram Street, Moothanthara, Koppom, Palakkad Taluk under the first respondent-landlord. The appellant took the building on lease at a rent of Rs.20/- per mensum from the landlord on 1-8-1972. Alleging that the rent from 1-6-1975 is in arrears, the landlord sent a notice on 22-6-1977 terminating the tenancy and demanding surrender of the building. Subsequently, the landlord filed R.C.P. (O.P.) No.141/77 seeking eviction of the tenant under Ss.11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Rs. Act'). The grounds urged for eviction of the tenant are, default in payment of rent (S.11(2)) and bona fide requirement of the building for the landlord's own occupation [S.11(3)]. The plea of bona fide requirement for landlord's own occupation was found against. However, the Rent Control Court ordered eviction under S.11(2)(b) of the Act on the ground of default in payment of rent. The Court ordered that in case the tenant deposits a sum of Rs.820/- as arrears as on 1-11-1978 within one month from the date of order, i.e. 30-11-1978, the tenant could move an application for vacating the order of eviction. The tenant filed an appeal - R.C.A. No.8/79 before the appellate authority. The appellate authority, by order dated 26-7-1979, set aside the order passed by the Rent Controller and ordered a remit, directing the Rent Controller to consider the maintainability of the petition. After remit, the Rent Controller passed an order on 22-2-1980 under S.11(2)(b) of the Act in the following terms:-

(3.) The landlord filed Original Petition No.10288/88 in the High Court of Kerala and assailed the aforesaid order passed by the District Judge in R.C.R.P. No.6/85 dated 31-7-1986 (Ext.P-3). The learned single Judge of the Kerala High Court, after referring to the prior history of the case and The earlier orders passed in the various proceedings, posed the question thus:-