ABDUL KAREEM THANGAL Vs. UMMER HAJI

JUDGEMENT

(1.) During the pendency of an appeal filed by the tenant against the order of eviction under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act') before the Rent Control Appellate Authority, the landlord sold the tenanted premises to a third party and later re-purchased the same. Is he entitled to move the court under S. 12 seeking direction to pay arrears of rent This question has been raised in this revision filed by the tenant challenging the orders passed by the authorities under this Act. The facts can be briefly stated:

(2.) We have heard the learned counsel for the revision petitioner and the learned counsel for the respondent. We have also perused the impugned order as well as the order of the Rent Control Court.

(3.) It was pointed out by the learned counsel for the revision petitioner that the assignment of the petition schedule premises by the respondent did not contain any recital regarding the rent due for the petition schedule building. Relying on the decision of this Court in Suhara v. Abdul Shukkur, 1996 2 KerLT 936, it was argued by the learned counsel for the revision petitioner that a petition for eviction under S.11(2)(b) of the Act cannot be filed by an assignee/landlord alleging existence of arrears of rent which fell due prior to the assignment of the building in his favour, even if the right to recover such prior arrears of rent was later assigned to him by a separate assignment deed.