MARIAMMA Vs. CHINNAMMA JOHN @ CHINNAMMA

JUDGEMENT

(1.) Heard the learned Senior Advocates appearing for the parties. This revision under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short, the 'Rent Act', is against the judgment by which the Appellate Authority reversed an order of the Rent Control Court holding that the respondent in the rent control petition, who was sought to be evicted, had bona fide denied the title of the landlord.

(2.) For the sake of brevity, we refer to the persons arrayed as landlords as 'Lonappan', the deceased first among them. The respondents, arrayed as tenants, are hereinafter referred to as 'Varunni', their predecessor-in-interest.

(3.) Lonappan filed OS No. 837 of 1997 against Varunni before the jurisdictional Civil Court for realisation of arrears of rent, subject to the law of limitation. Exts. B4 and B5 are, respectively, the copies of the plaint and written statement in that suit. In Ext. B5 written statement in that suit, Varunni challenged the title set up by Lonappan. Then, that suit was withdrawn. Thereafter, Lonappan instituted the rent control petition, from which the revision arises, in 1999, pleading that Varunni took the shop room in question on rent on 20/12/1969 and there was arrears of rent from 1973.