NARAYANAN Vs. SOUDHABI

JUDGEMENT

(1.) The revision petitioner was the second respondent in R.C.P. No. 6 of 1986, on the file of the Rent Control Court, Kasaragod. The respondent / landlady filed the Rent Control Petition for eviction under S.11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act), on the ground of bona fide need of the landlady and allegation of sublease by the tenant. It is alleged that the revision petitioner / second respondent in the Rent Control Petition was a sublessee under the original tenant, first respondent in the eviction petition. It was their joint contention that the first respondent in the R.C.P. took the premises on lease but, thereafter, he started business in partnership with the revision petitioner. Therefore, there is no exclusive transfer of possession to the second respondent as first respondent himself continues to be the tenant and there is no sublease. The Rent Control Court found that the partnership formed by the original tenant with the revision petitioner was dissolved. There was a clear finding of fact by the Rent Control Court that the partnership set up was only to defeat the provisions of the Act. In other words, partnership is a sham and it was brought into existence for disguising subletting in reality. Against that the revision petitioner and the original tenant jointly filed appeal. During pendency of the appeal the original tenant died. His legal heirs were not impleaded. Therefore, the appellate authority dismissed the appeal as abated as the appeal filed by the second respondent / revision petitioner is not maintainable as he was not at all a tenant. Landlord has connection at all with this case.

(2.) We extract Para.5 and 6 of the judgment of the appellate authority as follows:

(3.) It is the contention of the revision petitioner that he is entitled to file appeal and court should not have dismissed the appeal filed by him as not maintainable mainly because of the explanation to S.11(4)(i). Explanation to S.11(4)(i) reads as follows: