N P KARTHIAYANI Vs. KALKULANGARA ANANDAN

JUDGEMENT

(1.) THE question for determination in this case is whether a legatee under a testamentary disposition could claim the status of a statutory tenant and resist the claim for eviction.

(2.) ORIGINAL landlord died and his legal heirs got themselves impleaded and prosecuted the proceedings. Eviction was sought for under S.11(2)(b), 11(3) and 11(4)(i) of Act 2 of 1965. The schedule shop rooms was taken on lease by one Anandan from the previous landlords on 16.7.1962 for a monthly rent of Rs.30/-. Schedule premises was purchased by the deceased first petitioner before the Rent Control Court and the tenant Anandan attorned him. Rent was enhanced to Rs. 50/-, Rs.100/- and later to Rs. 150/-. Anandan died on 14.6.1986 and the tenancy right inherited to his wife K.P. Karthiayini, the first respondent before the Rent Control Court. Anandan was conducting a tea shop in the schedule premises. Karthiayini executed a registered Will dated 16.11.1984. Business was conducted by her till she died on 24.2.1989.

(3.) RENT Control Court after examining oral and documentary evidence came to the conclusion that the possession of respondents 2 and 3 in the schedule premises . would not amount to sublease Rent Control Court held that respondents 2 and 3 obtained right of possession as per the Will. Further it was also held no statutory notice as contemplated under the first proviso to 11(4)(i) was served on the respondents. It was also found that the need urged by the petitioners is also not bona fide. However, it was found that respondents 2 and 3 are not entitled to get protection of second proviso to S.11(3). The eviction was however, ordered under S.11(2)(b) and respondents 2 and 3 were directed to deposit arrears of rent at Rs.390/- with 6% interest from the date of default.