O K GOPI Vs. T F JOSEPH

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether failure to sign a registered notice intimating contravention of the conditions of lease 11(4)(i) of Act 2 of 1965 would render an application for eviction non maintainable.

(2.) S.11(4)(i) of the Act enables the landlord to apply to Rent Control Court for an order directing the tenant to put the landlord in possession of the building if the tenant after commencement of Act 2 of 1965 without the consent of the landlord, transfers his right under the lease or sublets the entire building or any portion thereof if the lease does not confer on him any right to do so. The proviso to the said section obliges the landlord to send a registered notice to the tenant intimating the contravention of the condition of the lease if he seeks an order of eviction under S.11(4)(i) and within thirty days of the receipt of notice of the contravention the tenant could terminate the transfer or sublease and defend a petition filed by the landlord under S.11(4)(i). In the instant case the registered notice was sent by the landlord through his advocate, but the advocate failed to put his signature in the notice, consequently the tenant did not respond though received the notice.

(3.) Counsel for the tenant also submitted a registered notice signed by the landlord or his representative is a mandatory requirement and since the said requirement has not been satisfied there is no proper notice under the proviso to S.11(4)(i) and therefore the petition filed under S.11(4)(i) is not maintainable. Counsel appearing for the landlord Sri. P.C. Chacko submitted the statute contemplates only a registered notice and failure to sign would not render the notice defective. The landlord need only intimate the contravention through a registered notice and on receipt of that notice if the tenant fails to terminate the transfer or sublease the landlord will have a cause of action under S.11(4)(i). Counsel submitted landlord had entrusted the matter to his lawyer who sent a notice in his letterhead, but advocate failed to sign the notice and therefore the landlord cannot be penalised.