C YESUDASAN NADAR Vs. IMMANUAL ISSAC

JUDGEMENT

(1.) THE landlord is the revision petitioner and he challenges in this revision the judgment of the Rent Control Appellate Authority declining eviction on the ground under Section 11(3). THE Appellate Authority declined order of eviction sought for under Section 11(3) mainly on the reason that the tenant is entitled to the protection of sub Section 17 of Section 11 and also on the reason that an order of eviction cannot be passed against the tenant under Section 11(11)(ii) of Act 2 of 1965.

(2.) AS for the protection under Section 11(17) granted to the tenant by the statutory authorities, we will notice immediately the judgment of the Full Bench of this Court in Prabhakaran v. Sulaikabi (2007(2) KLT 103 F.B.). It has been laid down by the Full Bench that the protection under Section 11(17) is a personal protection given to the tenant who took the building on lease and that the same will not be available to the legal heirs of that tenant who qualify as tenant only by the operation of the statute. Now that the original tenant is no more the respondents who are his legal heirs will not be eligible for the protection under Section 11 (17) in view of the law laid down by the Full Bench in Prabhakaran v. Sulaikabi (2007(2) KLT 103 F.B.) (cited supra).