NOORUDEEN Vs. JANAB P O J LEBBA

JUDGEMENT

(1.) Petitioner in the Rent Control Petition is the revision petitioner in this Civil Revision Petition. He filed the petition to evict the tenant on the ground of arrears of rent and own use. According to the averments in the eviction petition, the petition schedule building belonged to the petitioner and his brother Karim. Karim died on 8.2.1986. The tenant took the building on rent for the purpose of exhibition of film, on 1.11.1983 for a period of 10 years. A rent chit was executed on 11.11.1983. After the death of the petitioner's brother, as per Muhammadan Law, his share devolved on the petitioner and has become the absolute owner of the building. The tenant was informed about this on 12.12.1986. The tenant has been paying rent to the petitioner. It is further stated that the tenant defaulted payment of rent.

(2.) A counter affidavit was filed by the tenant. In the counter affidavit, the tenant raised the contention that the petitioner is not the absolute owner of the property. Before the death of Karim, he had executed a Wakf deed in respect of his share of the property and the property was vested with the Muslim Education Society, of which P. O. J. Lebba is the President, Muslim Education Society, Kollam. While so, P. O. J. Lebba, President of the Muslim Education Society filed I.A. No. 2364 of 1988 for impleading himself as additional second respondent in the Rent Control Petition. In the affidavit accompanying the petition, he has stated that it is true that the building belongs to the petitioner and his brother Karim. But after the death of Karim, his share did not devolve on the petitioner. The petitioner filed objection of the same. The Rent Control Court took the view that the application for impleadment is not maintainable and hence dismissed the same. Against that an Appeal was filed by the aforesaid Lebba. The Appellate Authority allowed the appeal and the impleading petition. The Appellate Authority took the view that Lebba has prima facie proved his contentions. His right in the property has to be examined. Further it is stated that the provisions of the Code of Civil Procedure are applicable to the Rent Control Court. Hence, there is no bar in the impleadment. It is against the above order that the present Civil Revision Petition is filed. In the Civil Revision Petition, the first respondent is P. O. J. Lebba and the second respondent is the tenant.

(3.) Sri. S. V. Balakrishna Iyer appeared for the petitioner and Sri. V. Giri appeared for the first respondent.