THANKAMONY AMMA Vs. OMANA AMMA N.

JUDGEMENT

(1.) This appeal challenges the final judgment and order dated 09.08.2018 passed by the High Court of Kerala in RCR No.172 of 2017.

(2.) One Sankara Kurup, owner of a piece of land admeasuring 27 cents erected a Theatre named Manorama Theatre thereon ( suit Property , for short). The management of the Theatre was being conducted by his son-inlaw named Kumara Kurup (predecessor of the respondents herein). After the death of Sankara Kurup, a claim was raised by his son Viswanatha Kurup that he was entitled to the rights and interests in said Theatre by virtue of a Will executed by his father.

(3.) Kumara Kurup died in the year 1982 and the respondents succeeded to his interest. In the year 2009, the appellants herein filed Rent Control Petition No.5 of 2009 before the Rent Control Court, Alappuzha, seeking eviction of the respondents from the suit property. It was submitted that the respondents who were initially paying rent had stopped paying rent and the suit property was required for personal requirement of the appellants. The respondents denied the title of the appellants. By its order dated 08.04.2014 the Rent Control Court allowed the eviction petition. The order passed by the Land Tribunal (Ext A5 in Rent Control proceedings) was relied upon and it was observed:-