ARAVINDAKSHA MENON Vs. ALI AKBAR

JUDGEMENT

(1.) Under challenge in this revision filed by the alleged tenant (respondent in RCP No. 117/2001 of Thrissur Rent Control Court) is the judgment of the Rent Control Appellate Authority setting aside the order of the Rent Control Court referring the Rent Control Petition to the Land Tribunal under S.125(3) of the Kerala Land Reforms Act for getting a finding as to whether the revision petitioner's claim that he is entitled to get immunity from eviction (permanent tenancy) under S.106 of the Land Reforms Act is correct.

(2.) The rent control petition was instituted by the landlord seeking eviction on the ground of arrears of rent under S.11(2)(b) and bona fide need for own occupation under S.11(3). The revision petitioner contended that he is a lessee of the land. It was contended that the building in question was constructed by him on the land leased out by the respondent for commercial purpose and he is entitled to the benefit of S.106 of the KLR Act. The Rent Control Court took the view that a question of tenancy arises for consideration and stayed proceedings under S.125(3) and referred the rent control petition to the Land Tribunal having jurisdiction for getting a finding regarding the revision petitioner's eligibility for benefits under S.106.

(3.) The learned Appellate Authority, on considering the appeal preferred by the landlord, has passed the impugned judgment setting aside the order of the Rent Control Court and directing that the records, which were in the meanwhile sent to the Land Tribunal, be called back, so that the Rent Control Court itself can take a decision on the issue immediately.