SATHYANARAYANAN CHETTIAR Vs. RENT CONTROLLER

JUDGEMENT

(1.) LANDLORD in a petition under Ss. 11 (2),11 (3) and 11 (4) (ii)of the Kerala Buildings (Lease & Rent Control) Act, hereinafter referred to as the Act, for recovering properties from respondents 2 to 11, is the petitioner herein. Respondents 2 to 11 who are tenants disputed the title of the petitioner.

(2.) THE property over which petitioner claims title was gifted to it by the family which owned it. Some of the members of the family instituted O. S. 50/82 on the file of the Subordinate Judge's Court, Palghat for partition. Petitioner and respondents 2 to 11 herein were parties in the suit. Respondents 2 to 11 raised a contention that the family lost title to the property by adverse possession. During the pendency of that suit, petitioner filed proceedings under the Act for recovering the building from respondents 2 to 11. That suit was dismissed by the trial court. One of the defendants in the suit who was a member of the family challenged that decree in appeal before this court in A. S. 288/86. Petitioner applied for stay of the proceedings in the Rent Control Court till the disposal of the appeal by this court. That application was rejected by the Rent Control Court . Hence this original petition.