BASIL Vs. REGIONAL SPORTS CENTER

JUDGEMENT

(1.) The tenant in R.C.P.No.28 of 2016 before the Rent Control Court, Ernakulam is the petitioner in these revision petitions. The respondent is the landlord.

(2.) The rent control petition was filed seeking eviction of the tenant under Sec. 11(4)(i) and 11(17) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). In the rent control petition, initially, only shop room No.8 situated in front of the Indoor Stadium, Ernakulam was mentioned. Subsequently, on noticing the mistake, the landlord filed I.A.No.4 of 2021 under Sec. 151 of the Civil procedure Code read with Sec. 23(j) of the Act, seeking to substitute the expression 'room no.7 & 8' for 'room no.8' in the rent control petition. The tenant filed objection contending that the schedule of the rent control petition is silent about shop room No.8 and that the first prayer and the schedule in the rent control petition are not tallying. The said IA was allowed. Subsequently, the landlord filed another petition as IA No.8 of 2021 for correcting the mistake, which was also objected to by the tenant. The Rent Control Court allowed the said IA also. Challenging the orders in IA Nos.4 and 8 of 2021 in RCP No.28 of 2016, the tenant filed appeals as RCA Nos.20 and 21 of 2021. The case of the tenant was that the orders were void and made in violation of the principles of justice and the said orders are not interlocutory orders as they determine and adjudicate the rights of the tenant and hence, are appealable under Sec. 18 of the Act. The appellate court raised a doubt regarding the maintainability of the appeals and on hearing the tenant and the landlord, it was held that the impugned orders are not appealable since the court below has not finally adjudicated the issue and accordingly, the appeals are dismissed by a common judgment. Challenging the impugned judgment, the tenant has come up in revision.

(3.) We have heard Sri.K.Ramkumar, learned senior counsel for the revision petitioner/tenant, assisted by Sri.T.Ramprasad Unni; and Sri.A.Balagopalan, learned counsel for the respondent/landlord.