CHANDRAMATHY Vs. AYYAPPAN

JUDGEMENT

(1.) The petitioner is the tenant, against whom, a rent control petition was filed by the respondent/landlord as R.C.P. No. 4/2016, before the Rent Control Court, Varkala, seeking an order of eviction under Sections 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 (herein after referred to as 'the Act'). According to the respondent/landlord, the petitioner/tenant is a lessee under the lease deed, executed by the petitioner/tenant in favour of the former landlord on a monthly basis. The petitioner/tenant raised a preliminary issue, contending that he is entitled to get right of permanent tenancy and thereby the rent control petition is liable to be referred to civil court for determining his right of permanent tenancy. Thus, the petitioner/tenant has challenged the jurisdiction of the rent control court in determining the respondent/landlord's right to get an order of eviction under the Act.

(2.) The respondent/landlord opposed the said application denying the right of permanent tenancy. According to him, the petitioner/tenant is a lessee under Ext. A2 lease deed, executed for a period of 11 months only and after the expiry of the lease deed, he is holding over the tenanted premises.

(3.) After considering the rival pleas, the Rent Control Court accepted the contention raised by the petitioner/tenant on a finding that the claim for right of permanent tenancy is bona fide.