P.V. RAMACHANDRAN Vs. KARTHIYAYANI AMMA

JUDGEMENT

(1.) These rent control revisions under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) have been filed against the common judgment dtd. 21/6/2016 in R.C.A.Nos.73/2009, 74/2009 and 75/2009 on the file of the Rent Control Appellate Authority (RCAA), Thalassery, which appeals are against the common order dtd. 7/3/2009 in R.C.P. Nos.25/2008, 26/2008 and 27/2008 respectively on the file of the Rent Control Court (RCC), Taliparamba. The petitioners herein are the respondents-tenants in the R.C.Ps. The respondents are the petitioners-landlords in the R.C.Ps. The parties and the documents will be referred to as described in the R.C.Ps.

(2.) R.C.P. Nos.25/2008, 26/2008 and 27/2008 were filed by the petitioners-landlords against the respondents-tenants seeking eviction under Ss. 11(3) and 11(4)(ii) of the Act. The respondents relying on Ext.B1 agreement claimed right of permanent tenancy over the tenanted premises. The RCC considered the matter in the light of the second proviso to Sec. 11(1) and held the claim of permanent tenancy to be bona fide. In the appeals filed by the landlords, the findings of the RCC has been reversed and the appeals have been allowed. The order of the RCC was set aside and the claim of permanent tenancy raised by the tenants has been found to be not bona fide. The matter was remanded to the RCC to adjudicate the question whether the landlords are entitled to an order of eviction under Ss. 11(3) and 11(4)(ii) of the Act. Aggrieved the tenants have come up in revision.

(3.) The only point that arises for consideration is, whether the findings of the RCC or the RCAA suffer from any illegality, irregularity or impropriety.