THE REGIONAL MANAGER Vs. RAJAMMA PADMANABHAN

JUDGEMENT

(1.) The identity of the tenant as disclosed in the petition and mischief thereby caused in the mind of the tenant are taken as grounds of attack in this revision, apart from the normal contentions by the tenant against the verdict of Rent Control Appellate Authority under Sec. 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The Rent Control Petition was filed for the grant of an order of eviction under Sec. 11(8) of the Act. Though it was negatived by the Rent Control Court, it was reversed by the First Appellate Court holding that the landlords are entitled to an order of eviction under Sec. 11(8) of the Act and it was ordered accordingly. Aggrieved by the said order, the tenant came up with this revision.

(2.) The main challenge in this revision is with respect to the identity of the tenant as described in the petition, which is as follows :-

(3.) It was argued by the learned counsel for the revision petitioner that the proceedings were initiated against the Regional Manager and not against the Society. Though the name and address of the Society is incorporated in the cause title as address or identity of the Regional Manager, in fact, the Society is the tenant and as such it was argued that the cause title of the petition is defective. Further, there is no proceeding initiated against the Tamilnadu Handloom Weavers Co-operative Society Ltd, who is the tenant, and hence both the orders passed by the Rent Control Court and the Rent Control Appellate Authority are not binding on the Society, the tenant.