ANTONY Vs. K C ITTOOP

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal is from the judgment and order of the High Court of Kerala at Ernakulam in Second Appeal No. 835 of 1988-G dated September 4, 1997. The short but important question that arises for consideration is whether the appellant who has occupied the suit premises under a void lease, is entitled to the protection of Kerala Buildings (Lease and Rent Control) Act, 1965.

(3.) The facts, necessary to appreciate the question, may be set out briefly. The parties will be referred to as the appellant and respondents. The suit property was allotted to one Raman Namboodiri and others (pro forma respondents 2 to 6 herein) in a family partition in the year 1974. From them the appellant took it on lease on a monthly rent of Rs. 140/- for a period of five years. A lease deed, Exh. B-3, was executed on January 14, 1974 but it was, however, not registered. Thereafter, the suit premises was purchased by the first respondent from (respondents 2 to 6) on December 2, 1974.