MANGATTU KUNHIMOIDEENKUTTY Vs. JAYANI

JUDGEMENT

(1.) THE petitioner challenges the concurrent findings of the Rent Control Court and the Appellate Authority under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act').

(2.) THE respondents filed R.C.P.No.138 of 2011 on the file of the Rent Control Court, Kozhikode against the petitioner under Section 11(2)(b) and 11(3) of the Act. The Rent Control Court, by the order dated 28/9/2012 rejected the claim under Section 11(2)(b) and allowed the relief under Section 11(3) of the Act. On appeal by the tenant as R.C.A.No.68 of 2013, the Rent Control Appellate Authority dismissed the appeal as per the judgment dated 25/6/2014. The tenant is aggrieved by the order and judgment passed by the authorities below.

(3.) THE petition schedule building was demised in favour of the revision petitioner/tenant as per Ext.A1 licence deed dated 14/01/2009. Ext.A1 is termed as a license agreement. The landlord issued notice terminating the licence. The revision petitioner sent a reply stating that Ext.A1 is really not a licence deed but a lease deed. Accepting that contention, the respondents/landlords filed the R.C.P. At the time when Ext.A1 was executed, the original landlord was alive. On his death on 19/12/2010, his legal representatives became the title holders in respect of the petition schedule building.