P K DAMODARAN Vs. P K BHARATHAN

JUDGEMENT

(1.) This Writ Petition filed under Article 227 of the Constitution of India is against the judgment in R.C.A. No. 126 of 2000 on the file of the Rent Control Appellate Authority and Wakf Tribunal, Kozhikode, R.C.A. No. 126 of 2000 was filed against the order in LA. No. 917 of 1999 in R.C.P. No. 29 of 1996 of the Rent Control Court, Koyilandy.

(2.) The petitioner-landlord filed R.C.P. No. 29 of 1996 for eviction of the respondenttenant under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act"). The respondent-tenant resisted the application for eviction. The petitioner/landlord produced Ext. A1 an unregistered partnership-deed dated 22-2-1986 which would show that the business in the tenanted premises was being conducted by the partnership firm of which the respondent-tenant was the Managing Partner. It would also show that the respondent was one of the co-owners of the property and the petitioner had no title over the property. After trial, the Rent Control Court dismissed the petition. Against the dismissal of the petition, the landlord filed R.C.A. No. 37 of 1998 before the Rent Control Appellate Authority, Kozhikode.

(3.) Before the Rent Control Court, the respondent had placed reliance on Ext. B1 partnership deed to dispute the title and ownership of the landlord over the tenanted premises. It was in this context that the petitioner filed LA. No. 917 of 1999 requesting the Rent Control Court to proceed against the respondent-tenant under Section 340, Cr. P.C. It was alleged in the application that Ext. B1 partnership deed produced and relied on by the tenant was not genuine and that no such partnership deed existed and hence he committed offence punishable under Sections 465, 468 and 471, I.P.C. The Rent Control Court, after analysing the evidence, dismissed the application. Against the dismissal of the said I.A. the landlord filed R.C.A. No. 126 of 2000 before the Rent Control Appellate Authority which also ended in dismissal. This Writ Petition is filed against the dismissal of R.C.A. No. 126 of 2000.