CHANDRASEKHAR Vs. VELIKKALATH MUHAMMED FAIZOOK

JUDGEMENT

(1.) The tenant in R.C.P.No.127 of 2020 of the Rent Control Court, Kannur is the revision petitioner. In the above petition instituted by the respondents-landlords for eviction under Sec. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), the tenant denied the title of the landlords, and filed I.A.No.3 of 2023 for hearing the issue of denial of title before proceeding further. The Rent Control Court, after hearing both sides, passed an order, dismissing the above I.A. on 7/10/2023 with the observation that there is no need to hear the denial of title as the preliminary issue, and that the question of maintainability can be considered at the time of full-fledged trial. In fact, in the above order, the Rent Control Court had articulated various aspects relating to the concept of title of the landlord in rent control proceedings and tacitly observed in favour of the title of the respondents-landlords. The petitioner-tenant took up the matter in appeal before the Rent Control Appellate Authority (Additional District Judge-III), Thalassery. The Rent Control Appellate Authority, Thalassery dismissed the above appeal numbered as R.C.A.No.154 of 2023 in limine on 8/12/2023, with the observation that the order of the Rent Control Court reflected that the issue of title agitated by the tenant had been determined after referring to the documents marked in the case and the decisions of the higher courts, notwithstanding the remark that there was no need to decide the issue of title as a preliminary issue. The disposal of the appeal by the Appellate Authority was without expressing any opinion as to whether the denial of title of the landlord, agitated by the tenants, was bona fide. Aggrieved by the above dismissal of R.C.A.No.154 of 2023 by the Appellate Authority, the petitioner is here before this Court with this revision filed under Sec. 20 of the Act.

(2.) Though notice of this revision was issued through speed post in the correct address of the respondents, it was not returned after service even after 30 days from the date of issuance. At last, as per order dtd. 6/3/2024 in I.A.No.3 of 2024 filed by the petitioner under Rule 51(2) of the Rules of High Court of Kerala, 1971, service of notice upon the respondents was declared as complete.

(3.) Heard the learned counsel for the revision petitioner.