NARAYANA BHAT Vs. LALAN

JUDGEMENT

(1.) Tenants under the Buildings (Lease and Rent Control) Act are the revision petitioners. The revision is filed under S.20 of the Kerala Buildings (Lease & Rent Control) Act, 1965, for short, the Act. The landlord filed an application for evicting the tenants under S.11(3), 11(4)(iii) and 11(4)(iv) of the Act. We are not concerned about the grounds under S.11(3) and 11(4)(iii) of the Act, since they do not exist. But both the statutory authorities concurrently found that the landlord has established the ground under S.11(4)(iv) of the Act. S.11(4)(iv) of the Act reads thus:

(2.) The building in question is in a very important locality of Cochin City. It is facing a very important road by name Banerji Road. This building was given on lease under Ext.B1 dated 1-2-1953. The rent fixed was Rs.175/- per month. By Ext.B1, the tenant was allowed to put up sheds on the northern side of the building at tenant's cost, and with a condition that the tenant shall remove the same on his vacating the premises without causing any injury, damage or loss to the main building. Further, it is provided in Ext.B1 that in case it cannot be so removed, viz. the structures made by the tenant, the same shall be left as it is and the tenant should vacate the building without claiming any compensation for the structures under any circumstances. The tenancy continued for a long time and even now, the tenants are occupying the building.

(3.) The landlord initiated proceedings for eviction in the year 1984. Several contentions were raised by the tenants to resist the eviction. Before us, counsel for the tenants pressed the contention regarding the power of the Rent Control Court to order eviction in regard to the structures constructed by the tenants. Admittedly, the tenants have constructed certain structures and it must be pursuant to the direction or the permission given under Ext.B1. Counsel for the tenants submitted that since the structures were constructed by the tenants in the northern side of the main building, that construction must be considered as a construction made in a plot of land belonging to the landlord as per the permission given under Ext. B1. Counsel submitted that even if it is taken as a construction made by a licensee, the Rent Control Court cannot have any jurisdiction over those structures and no order of eviction can be passed in regard to those structures.