ANTHAPPAN Vs. FR PASCHAL

JUDGEMENT

(1.) The respondents before the Rent Control Court are the revision petitioners. The respondents herein who are the landlord and his brother, who is the Power-of-Attorney holder of the landlord, filed the rent control petition for eviction of the tenants under S.11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as 'the Act'.

(2.) The petition schedule building originally belonged to the landlord's brother, Emmanual, and his wife, Thressia. The building was leased out by the original owners through their power-of-attorney to the tenants on a monthly rent of Rs. 55/- on 1-5-1956 which was later enhanced to Rs. 75/- per month. Emmanual and his wife Thressia gifted the petition schedule building and the property to the present landlord on 16-2-1977. The assignment was duly intimated to the tenants. Subsequently after issuing a notice dated 11-9-1978 terminating the tenancy, the petition for eviction was . filed. According to the landlord he has no other building. He intends to stay in Trivandrum and hence he bona fide requires the building for his residence along with his brother (the 2nd petitioner before the Rent Control Court) who is now residing in a rented building in Trivandrum since he also has no building of his own. It was further alleged that he is a dependant of the landlord.

(3.) The tenants (revision petitioners herein) filed objections. It was contended that the gift deed stated to have been executed on 16-2-1977 did not take effect and that it was executed to defeat the rights of the tenants. The need set up by the landlord was also denied.