RAJEESH Vs. KOLANGARA RAVI AND ORS

JUDGEMENT

(1.) Petitioner herein was the 2nd respondent in R.C.P. No.1/2011 on the file of the Rent Control Court, Hosdurg. Eviction was sought under Section 11(2)(b), 11(4)(i) and 11 (8) of the Kerala Buildings (Lease and Rent Control) Act, 1965(hereinafter referred to as 'the Act'). The Rent Control Court allowed eviction under Sections 11(4)(i) and 11(8) of the Act and the same stands confirmed in appeal by the Rent Control Appellate Authority.

(2.) The 2nd respondent is the original tenant, who did not challenge the eviction order before the Appellate Authority. The petitioner, who is the alleged sub tenant, alone had filed the appeal.

(3.) The learned counsel for the petitioner submitted that the plea of the landlord could not have been accepted by the authorities below. In answer to the plea under Section 11(4)(i) of the Act, the petitioner had the case that he was permitted to occupy the premises by the previous owner Moidu Haji who had recognised him as the tenant. It is therefore submitted that there is no proof of subtenancy under Section 11(4)(i) of the Act. The learned counsel appearing for the petitioner attacked the findings rendered by the authorities below to hold that the landlord is entitled to succeed under Section 11(8) of the Act also.