HAJEE K ASSAINAR AND CO Vs. CHACKO JOSEPH

JUDGEMENT

(1.) The tenant faced with an order of eviction under the Kerala Buildings (Lease & Rent Control) Act, 2 of 1964, has filed this revision under S.115 CPC.

(2.) The brief facts are these. The ground floor of a building which is the subject matter of the eviction proceedings belonged to the Respondent's father Joseph Chacko. Admittedly it was he who inducted petitioner as a tenant. The landlord, the father, transferred his rights in favour of the son, the respondent herein, under a registered deed Ext. Al dated 21-6-1979. The son demanded surrender by a registered notice dated 2-7-1980 (Ext. B8) alleging bona fide need and thereafter filed this application for eviction. The authorities under the Act have found on the evidence that the respondent is entitled to eviction on the ground of bona fide need. These orders are challenged before me in this revision petition.

(3.) The learned counsel for the petitioner however raised two contentions. (1) There is no subsisting tenancy between the petitioner and the respondent as the petitioner has not attorned to the respondent after the transfer in his favour. (2) That the transfer made in favour of respondent by the father was only a sham document.