RAHUL Vs. K.SUDHEESH

JUDGEMENT

(1.) The tenants in RCP No.20 of 2016 on the file of Rent Control Court, Kozhikode, are the revision petitioners herein challenging the judgment of the Rent Control Appellate Authority in RCA No.65 of 2018, by which, the order of eviction under Sec. 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred as 'the Act') was confirmed in appeal.

(2.) In RCP No.53 of 2010 between the same pirates, the Rent Control Court fixed fair rent of the schedule premises @ Rs.7.50 per sq. ft with a provision for 10% enhancement every year. The appeal preferred by the tenants against that order was dismissed, against which, the tenants preferred RCRev. No.302 of 2015 before this Court. The landlord claimed arrears of rent on the basis of fair rent fixed by the Rent Control Court in RCP No.53 of 2010 with 10% enhancement every year. The Rent Control Court found that the order in RCP No.53 of 2010 has not become final, and so there was no reason to find that the respondents kept the rent in arrears willfully, and so, the eviction petition was dismissed. The aggrieved landlord preferred RCA No.65 of 2018 before the Rent Control Appellate Authority. The Appellate Authority allowed the appeal, as there was no stay from the revisional court. An opportunity was given to the tenants to clear the arrears of rent up to December 2015, and in case of default to put the landlord in possession of the tenanted premises.

(3.) Against the judgment of the Appellate Authority, the tenants preferred this revision on the ground that, an order of eviction under Sec. 11(2)(b) of the Act ought not have been passed without finalising the fair rent which was under challenge in Rent Control Revision No.302 of 2015.