K N BALAKRISHNAN Vs. SOMASUNDARAN NAIR

JUDGEMENT

(1.) This is a revision petition filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 2 of 1965. The facts leading to this revision petition can be stated as follows:

(2.) The 1st respondent landlord filed Rent Control Petition No. 226 of 1961 in the Munsiff's Court, Kozhikode, for eviction of the petitioner and respondents 2 and 3 mainly on the ground specified in sub-s.(4)(i) of S.11 of the Kerala Buildings (Lease and Rent Control; Act, Act 16 of 1959, which came into force on 3-4-1959. The petitioner held the two shop rooms in question under Ext. A1 koolichit dated 16-11-1956 as a tenant of the 1st respondent. The allegation was that the petitioner subleased these rooms to the respondents 2 and 3 without the consent of the 1st respondent and that, therefore, he was entitled to eviction against them. The petitioner contended that he subleased both the rooms to the 3rd respondent while the 2nd respondent contended that he got a sublease of one of the rooms from the petitioner only on 10-12-1960 and 3rd respondent contended in his turn that he got a sublease of the two rooms on 1-12-1958 from the petitioner and that one of those rooms had been subleased by him to the 2nd respondent who was said to be in possession of the said room under the sublease.

(3.) The Munsiff found that the sublease in favour of 3rd respondent by the petitioner was on 1-12-1958 which was prior to the Act 16 of 1959 and therefore the 1st respondent was not entitled to eviction. Accordingly the petition for eviction was dismissed. In appeal the Subordinate Judge found on evidence that though the sublease by the petitioner to the 3rd respondent was prior to Act 16 of 1959 still the 1st respondent would be entitled to eviction as the later sublease by the 3rd respondent to the 2nd respondent was after the Act 16 of 1959. Therefore the Subordinate Judge passed an order of eviction against the petitioner and the respondents 2 and 3. Against that order the petitioner filed a revision before the District Judge under S.20 of the Act. The District Judge confirmed the order passed for eviction in appeal and dismissed the revision petition. Hence the present revision before this Court.