SAJEEV P. K. Vs. ELDHO P. MATHEW

JUDGEMENT

(1.) The Rent Control Revision highlights the question regarding the denial of the title of the landlord. Denial of title is based on the right of permanent tenancy claimed by the tenants. This dispute can be narrowed down to the nature of the relationship between the parties in regard to the building in question. The revision petitioners have no claim over the land where the building exists. They raised a plea of commercial lease. According to them, their predecessor-in-interest was given land on ground rent to construct a building for commercial purposes. Both Rent Controller and the Appellate Authority overruled the objection and ordered eviction under Sec. 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the 'Act') on the ground of reconstruction.

(2.) We are not reproducing narration of facts as the same is borne out from the impugned orders. In this revision, we need to decide on the point of law urged, the scope of enquiry and qua competency of the Rent Controller to decide on such dispute before deciding on the challenge raised against the impugned order.

(3.) The Rent Controller is having only a limited jurisdiction. When a dispute is raised as to the title of the landlord whether the Rent Controller is competent to decide on the dispute by holding the title of the landlord or otherwise is the prime point to be decided in this matter. It is appropriate to refer to Sec. 11 (1) of the Act, which reads thus: