SIVANKUTTY Vs. VIKRAMAN

JUDGEMENT

(1.) UNDER challenge in this revision filed under Section 20 is the Judgment of the Rent Control Appellate Authority confirming the finding entered by the Rent Control Court that the denial of title raised by the tenants in the rent control petition filed by the landlord seeking eviction is bona fide. The Rent Control Court in the first instance held that the denial of title is bona fide and dismissed the rent control petition. Against that, the landlord preferred an appeal to the Appellate Authority. The Appellate Authority set aside that finding and remanded the rent control petition once again to the Rent Control Court for conducting enquiry as contemplated under sub section (1) of Section 11 on the question as to whether the denial of title is bona fide. Enquiry was conducted and even thereafter the Rent Control Court reiterated the finding that the denial of title is bona fide. The present impugned judgment has been passed by the Appellate Authority in an appeal preferred by the landlord against the above finding of the Rent Control Court.

(2.) IN this revision, various grounds are raised assailing the judgment of the Appellate Authority. Sri.C.B.Sreekumar learned counsel for the revision petitioner submitted that the Rent Control Court did not comply with the directions in the remand order passed by the Rent Control Appellate Authority. According to the learned counsel, enquiry as contemplated by the proviso to sub Section (1) of Section 11 was never conducted. The finding of the Appellate Authority is illegal , irregular and improper.