MEERAMYTHEEN Vs. PARAMESWARAN PILLAI

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) A petition was filed before the learned Munsif, Quilon, who was exercising powers of the Rent Controller under the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965, by K. Parameswaran Pillai and B. Geethadevi for eviction of the two tenants and one sub- tenant from two shop rooms which were let out in the year 1967 on a monthly rental of Rs. 250/-. In 1971, the tenants undeniably created a sub-tenancy in relation to one of the two rooms in favour of S. Abdul Jabbar. Later on, a partition was effected on 12th October, 1981, in which one of the two rooms in question was allotted in the share of Premachandran and the other in favour of his sister, B. Geethadevi, Plaintiff No. 2. Premachandran transferred the room, allotted in his share, under a registered sale deed executed in favour of Plaintiff No. 1, who is nobody else than his own brother. The present suit has been filed by the transferee from Premachandran, who acquired right, title and interest in one of the rooms, which was allotted in favour of Premachandran and Plaintiff No. 2, who is the sister of Premachandran, Plaintiff No. 1, and in whose share the other room was allotted. As the cause of action for filing the eviction petition had arisen in 1971 prior to the partition, which was effected in 1981, the suit for eviction was filed by the transferee from Premachandran in whose favour one room was allotted and Plaintiff No. 2, who owned another room by virtue of the partition.

(3.) The defendants filed written statement contesting the suit for eviction. They neither denied title of the plaintiffs nor relationship of landlord and tenant. They, however, denied that they had created any sub-tenancy as alleged by the plaintiffs.