N.C.THOMAS Vs. BIJI.A.KURUVILA

JUDGEMENT

(1.) This revision petition is filed by the tenant of a building who is faced with an Order of eviction passed by the Rent Control Court, at the instance of the first respondent/landlord. By invoking Sections 11(2)(b), 11(3), 11(4)(i), 11(4)(ii) and 11(4)(iii) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short 'the Act'), the landlord moved the Rent Control Court. After assessing the evidence adduced by the parties, the Rent Control Court accepted the grounds pleaded under Section 11(3) (bonafide need for own occupation), 11(4)(i) (sub-letting) and 11(4)(iii) (tenant in possession of other buildings). As arrears of rent were deposited, eviction under Section 11(2)(b) of the Act was denied.

(2.) One of the questions raised before the Rent Control Court is regarding the denial of title of the landlord. In appeal, the said plea was mainly raised by the tenant and the appellate authority rejected the same confirming the order passed by the Rent Control Court.

(3.) Learned counsel for the petitioner Shri K.J. Kuriachan mainly raised the following contentions: (i) There is no landlord-tenant relationship between the first respondent and the revision petitioner/tenant; (ii) The question of denial of landlord-tenant relationship between the parties has not been properly examined by the authorities below in tune with the principles stated by a Full Bench of this Court in Parthakumar v. Ajith Viswanathan, 2006 2 KerLT 250; (iii) As the denial of title is bonafide, the order of eviction cannot be sustained and the landlord should have been relegated to the remedy to approach a civil court; and (iv) At any rate, as the receiver appointed by the civil court in a previous proceedings has not been discharged, the eviction petition is not maintainable.