LUIZ Vs. SADANANDAN

JUDGEMENT

(1.) The tenant of building No.36/1581 M.G. Road, Ernakulam is the petitioner in this revision petition filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act 1965 (the Act, for short). Respondents are the landlords. The building had been leased out to the petitioner in the year 1982 on a monthly rent of Rs.8,150/- for the purpose of carrying on a hotel business. The landlords filed petition for eviction before the Rent Control Court, alleging that the petitioner had paid the rent upto and inclusive of March 1984, and that he had defaulted in making payment of the rent thereafter. After issuing notice demanding payment of the arrears of rent, the landlords applied for eviction inter alia on the ground of default in payment of rent, under S.11(2)(b) of the Act. Petitioner contested with the plea that he had been making payment of the rent regularly and that he had paid the rent upto and inclusive of July 1985. He further pleaded that an aggregate amount of Rs.1,46,000/- had been paid as advance to the landlords on various occasions - a token advance of Rs.1,000/- at the time the parties agreed on the lease transaction in January 1982 another amount of Rs.25,000/- on 11-3-1982, Rs.10,000/- subsequently, Rs.1,00,000/- on 23-6-1982 and a further sum of Rs. 10,000/- on the date of execution of the lease deed. Petitioner's case therefore, was that there was no rent in arrear furnishing a cause of action for eviction.

(2.) In support of their case that rent was in arrear from April 1984, apart from examining the second respondent, the landlords also produced their rent receipt book, which showed that rent had been paid only for the period upto 31-3-1984. One month's rent more had been paid after the issue of the lawyer's notice which accounted for the month of April 1984. The petitioner did not lead any valid evidence to prove that he had paid the rent upto and inclusive of July 1985 as alleged by. him. On a consideration of the evidence in the case, the Rent Control Court came to the conclusion that rent was in arrear from May 1984 onwards, and that therefore, the landlords were entitled to an order of eviction on the ground of default in payment of rent subject of course to the payments made pending the Rent Control Proceedings as per the statement of the landlords dated 21-12-1988. Eviction was ordered accordingly.

(3.) Petitioner challenged this order in appeal. The contention mainly urged was based on the amounts alleged to have been advanced to the landlords namely Rs.1,46,000/-. The dispute between the parties centered on an amount of Rs.1,10,000/- out of this, inasmuch as the landlords had not disputed the initial receipt of Rs.1,000/- or Rs.25,000/- on 11-3-1982 (the receipt of which was evidenced by Ext. B1) or the further amount of Rs.10,000/- paid on the date of execution of the lease deed. The dispute was regarding the balance of Rs.1,10,000/-, the receipt of which, according to the petitioner tenant, stood acknowledged by the second respondent by an endorsement on the back of Ext. B1. This endorsement was marked as Ext. B2.