ABDUL KHADER Vs. ALI

JUDGEMENT

(1.) REVISION petitioner, the alleged sub lessee, was the second counter petitioner before the Rent Control Court . Eviction was sought for against the counter petitioners under S. 1 1 (2) (b) and 11 (4) (i) of the Kerala Buildings (Lease and rent Control) Act (in short'the Act' ). Rent Control Court dismissed the petition holding that ground of subletting was not established. On appeal by the landlord, Appellate authority reversed the finding of the Rent Control Court and allowed eviction under S. 11 (4) (i ).

(2.) FOR the disposal of this case, we will refer to the parties according to their status before the Rent Control Court . The landlord submitted that the petition schedule building was rented out to the first counter petitioner on a monthly rent of Rs. 700/- as per the rent deed, Ext. Al dated 7. 2. 1994. Petitioner landlord stated that the first counter petitioner was conducting a wholesale business in rice and later conducted business in coir, coir mattress and gunny bags etc. Rent deed prohibited sub lease. Petitioner came to know that the first counter petitioner had subleased the building to the second counter petitioner on receipt of a copy of the plain in O. S. No. 350 of 1998 of the Munsiffs Court , Alwaye and an order of prohibitory injunction restraining him from forcefully evicting the second counter petitioner from the petition schedule building.

(3.) WE heard counsel on either side at length.