SHAJAN JOSEPH K.R. Vs. U. DEVI

JUDGEMENT

(1.) THE petitioners are the respondents in R.C.P. No. 48 of 2008 on the file of the Rent Control Court, Ernakulam. The Rent Control Petition was filed by the respondents in this revision under Sections 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the "Act").

(2.) ACCORDING to the landlords, the building was let out to the tenants on a monthly rental of Rs.11,445/ -. The petitioners/tenants disputed the title of the landlords and they contended that there was no landlord -tenant relationship. They also contended that there was an agreement for sale between the landlords and them and huge amounts were paid in various instalments towards sale consideration.

(3.) THE revision petitioners/tenants challenged the order dated 19.12.2009 passed by the Rent Control Court in appeal before the Appellate Authority as R.C.A. No. 25 of 2010. The Appellate Authority, after considering the oral and documentary evidence in detail concurred with the view taken by the Rent Control Court and dismissed R.C.A. No. 25 of 2010. The judgment of the Appellate Authority dated 07.04.2010 is under challenge in this revision filed only on 29.5.2014. Meanwhile, the Rent Control Court considered the Rent Control Petition on the merits and allowed it under Section 11(3) of the Act as per the order dated 27.10.2010. The final order passed by the Rent Control Court on the merits, was challenged by the revision petitioners/tenants in R.C.A. No. 24 of 2011 and the Appellate Authority dismissed the same as per the judgment dated 08.11.2013. The revision petitioners/tenants have filed R.C.R. No. 105 of 2014, challenging the final order and the judgment passed on merits by the Rent Control Court and the Appellate Authority.