OOMMEN JACOB Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, challenging the concurrent dismissal of his suit for a declaration that, Ext.A9 order passed by the defendant-Kerala State Housing Board, is illegal. The issue involved relates to, rent payable for the tenanted premises.

(2.) The plaintiff was the lessee of the first defendant-Housing Board (hereinafter referred to as, "the Board"), in respect of a room in the shopping complex belonging to the Board. Ext.A1 is the lease agreement dtd. 2/5/1983 executed in the said regard. The period of lease was for one year from 2/5/1983. Ext.A1 lease deed contained a clause enabling renewal of the lease on an enhanced rent of 10%. According to the plaintiff, on the expiry of the original term of one year, he continued as a lessee by payment of the C. R. original rent, without renewal of the lease. Ext.A3 preliminary order was issued by the Board to the plaintiff under Sec. 85(1) of the Kerala State Housing Board Act, 1971, (hereinafter referred to as, "the Act"), requiring to vacate the leased premises consequent on arrears of rent. According to the plaintiff, though the provisional order was objected to and was pending consideration, he was evicted from the premises on 6/11/1991. Subsequently, the Board issued Ext.A4 notice dtd. 20/3/1992, in terms of Sec. 86(1) of the Act, requiring the plaintiff to pay the arrears of rent in terms of Ext.A1 agreement. The same was objected to by him as per Ext.A5 reply contending that, after expiry of the original term fixed under Ext.A1 agreement he was continuing on the same terms and conditions of Ext.A1, that he had been paying the rent, and that the due is only Rs.16,238.40. He also sought for a detailed statement of accounts. Thereafter the Board issued Ext.A6 order dtd. 10/10/1992, under Sec. 86(1) of the Act, requiring the District Collector to recover the arrears of rent through revenue recovery proceedings. The same was challenged by the plaintiff before this Court in OP 14404/1992. As ordered by the Court, an amount of Rs.16,000.00, being the admitted arrears of rent, was paid by the plaintiff. This Court, as per Ext.A18 judgment, granted an opportunity to the parties to have the accounts settled. Pursuant thereto, the plaintiff submitted Ext.A8 objections regarding the calculation of rent made by the Board. On consideration of the same, the Board passed Ext.A9 order dtd. 7/11/1998, requiring payment of the amount as mentioned therein as arrears of rent, and justifying its earlier proceedings. Challenging the same, the plaintiff approached this Court in OP 1737/1991. In the Writ Appeal that arose therefrom, as WA 1050/1999, the Division Bench as per Ext.A10 judgment, noticed that disputed facts are involved, and relegated the plaintiff to the remedy by way of a civil suit for appropriate relief. It is pursuant thereto that the suit has been filed challenging Ext.A9 order.

(3.) The Board relied on the clause in Ext.A1 agreement for renewal of the lease at an enhanced rent, and justified its demand for the enhanced rent. The jurisdiction of the civil court to entertain the suit was also challenged.