CHANDRASEKHARAN Vs. PANTHALAYANI WEAVERS PRODUCTION

JUDGEMENT

(1.) DEFENDANTS 1, 2,4,5 and 6 in a suit for eviction are the appellants. The first respondent/plaintiff is a Co -operative Society. The plaint schedule building belongs to the plaintiff Society. One Madhava Menon was the original tenant of the building. The rent then payable was Rs. 300/ - per month. Since there was arrears of rent, a suit for eviction as O.S. 328/1994 was filed against Madhava Menon. A compromise decree was passed in that suit on 19 -9 -1996. The rent was then enhanced to Rs. 375/ - per month. From 2000 onwards Madhava Menon committed default in payment of rent. After his death, the defendants - his legal representatives are in possession of the suit building as tenants.

(2.) NOTICE was sent to defendants on 20 -5 -2002 terminating the tenancy. As the building was not vacated, the suit was filed for eviction and also for arrears of rent. Appellants resisted the suit contending that the suit is not maintainable as eviction has to be sought only under the provisions of Kerala Buildings (Lease & Rent control) Act, 1965 ("BRC Act" for short). The contention that the rent was kept in arrears was also denied. It was stated that the notice sent to the defendants terminating the tenancy is not valid.

(3.) THE trial Court found that the suit is maintainable. It was held that proper notice was sent under Sec. 106 of the T.P. Act terminating the tenancy and as such the suit was decreed for eviction and arrears of rent. The appeal filed by the appellants herein was dismissed confirming the decree and judgment of the trial Court.