A R RETHEESH CHANDRAN Vs. SAROJINI AMMA

JUDGEMENT

(1.) THE landlord is in revision before us challenging the concurrent findings of the Rent Control Court as well as the Appellate Authority. THE short facts of the case are the following.

(2.) THE revision petitioner/landlord filed RCP 17/2005 before the Rent Control Court, Thiruvananthapuram, seeking eviction of the respondent/tenant under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Act' for short). THE petition was resisted by the tenant disputing the title of the landlord. THE tenant also contended in the alternative that the title, if any of the landlord, had been lost by adverse possession and limitation. In view of the fact that the title of the landlord itself was denied by the tenant, the Rent Control Court proceeded to consider whether the denial of title was bonafide. THE Rent Control Court found that the denial of title was bonafide and therefore relegated the landlord to the remedy of filing a civil suit. THE order of Rent Control Court was challenged by the landlord before the Rent Control Appellate Authority, Thiruvananthapuram in RCA 10/2007. THE Appellate Authority also concurred with the findings of the Rent Control Court and dismissed the appeal. THErefore, both the authorities below have found that the remedy of the landlord is by way of a civil suit, without entering any findings on the merits of his claim for eviction. THE said findings are under challenge in this revision.

(3.) THE Munsiff's Court, Thiruvananthapuram tried the suit on the above pleadings. Both parties adduced evidence, documentary as well as oral. On the side of the plaintiff/landlord, exts.A1 to A16 documents were marked and P.Ws 1 to 3 were examined as witnesses. On the side of the tenant exts.B1 and B2 documents were marked and the tenant's son was examined as D.W.1. After an elaborate consideration of the rival contentions of the parties as well as the evidence on record, the Munsiff's Court, Thiruvananthapuram, decreed the suit.