RAYAROTH R.BHASKARAN Vs. CHALIYOTTU KUNHI MOOSSA HAJI

JUDGEMENT

(1.) The Revision Petitioner herein is the tenant against whom an order of eviction has been passed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity 'the Act') by the Rent Control Court and confirmed by the appellate authority in appeal.

(2.) This revision petition has been filed on the sole ground that the rent control petition was actually barred by Section 11(9) of the Act, but the courts below have lost sight of the said statutory bar against the maintainability of the Rent Control Petition and erroneously passed an order of eviction against the petitioner. According to the revision petitioner, the date of registration of the lease deed was on 23.01.2013 and the lease was created for a period of three years. But the Rent Control Petition was filed on 13.11.2015, ie. before the expiry of three years. The learned counsel for the revision petitioner contended that the institution of the Rent Control Petition is hit by the statutory bar under Section 11(9) of the Act. The Rent Control Petition was filed before the expiry of the lease period as per the date of registration of the lease deed and thereby the institution of the Rent Control Petition is barred by Section 11(9) of the Act.

(3.) On the other hand, the learned counsel for the respondent has produced a copy of Ext.A1 lease deed and submitted that as per Ext.A1 lease deed, though the registration was made on 23.01.2013, the lease period specified in Ext.A1 is for three years commencing from 01.11.2012 and the Rent Control Petition was filed on 13.11.2015 ie.12 days after the expiry of the lease period, as per the date of commencement of lease specified in the lease deed. Therefore, the Rent Control Petition was not barred by Section 11(9) of the Act.