VADAKAYIL ABUBACKER Vs. FAYSAL RAHMAN

JUDGEMENT

(1.) These revision petitions arose from a set of connected rent control petitions on the files of the Rent Control Court (Munsiff), Ponnani. There were eight rent control petitions, which were tried jointly and disposed of by a common order dtd. 7/3/2018. All the rent control petitions were allowed, ordering eviction. The respective tenants filed appeals before the Rent Control Appellate Authority (Additional District Judge), Tirur under Sec. 18(1) (b) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The appeals were heard together and dismissed as per a common judgment dtd. 19/10/2020. Five among the tenants preferred these revision petitions, invoking the jurisdiction of this Court under Sec. 20 of the Act.

(2.) Necessary details are tabulated below for easy reference:

(3.) The landlord (Faysal Rahman) is the respondent in all the revision petitions; in R.C.R. No. 73 of 2021 besides him, two co-tenants are also respondents; namely, respondent Nos. 2 and 3. The building in question abuts Guruvayoor-Ponnani National Highway. There are 14 rooms in the building. Before initiating the rent control proceedings, the respondent-landlord got vacant possession of four rooms. After initiation of the proceedings, one more tenant surrendered vacant possession of another room to the respondent. Two rent control petitions, namely, R.C.P. Nos. 5 of 2015 and 13 of 2016, were filed against the same tenant, who was in occupation of two rooms under a single tenancy. The order of eviction in the said rent control petitions, as well as R.C.P. No. 10 of 2015 became final. Therefore, reference needs be had to the details of the five rent control petitions pertaining to these revision petitions alone.