VARUN AND ORS. Vs. OMANA VARGHESE AND ORS.

JUDGEMENT

(1.) The petitioners are the tenants in R.C.P.No.8 of 2011 on the file of the Rent Control Court, Sulthan Bathery, a petition filed by late K.M. Varghese, the predecessor-in-interest of the respondents herein, for an order of eviction under sections 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as 'the Act' for short.

(2.) The landlord had in the petition for eviction averred that the rent is in arrears ever since the date of entrustment, viz; 17.12.2002 and that he bonafide needs the petition schedule building to start a super market. The tenants entered appearance and filed a counter statement resisting the petition for eviction. Before the rent control court, the landlord examined himself as PW1 and produced and marked Exts. A1 to A3. On the side of the tenants, the first respondent before the rent control court was examined as RW1. The rent control court considered the rival contentions and held that the rent is in arrears from the year 2003 and consequently, the tenants are liable to be evicted under section 11(2)(b) of the Act. The prayer for eviction under section 11(3) of the Act was declined. An order of eviction under section 11(2)(b) of the Act was accordingly passed on 20.3.2013.

(3.) Aggrieved thereby, the tenants filed R.C.A.No.13 of 2013 on the file of the Rent Control Appellate Authority, Kalpetta. The said appeal was filed on 26.6.2013 with a delay of 68 days. The tenants had therefore filed I.A.No.245 of 2013, to condone the delay in filing R.C.A.No.13 of 2013. After notice on I.A. No.245 of 2013 to condone the delay in filing R.C.A.No.13 of 2013 was issued, the landlord, the sole respondent in R.C.A.No.13 of 2013 and I.A.No.245 of 2013 passed away on 31.8.2013. The appellants did not however take steps to implead the legal heirs of the deceased landlord as parties to R.C.A.No.13 of 2013. I.A.No.245 of 2013 to condone the delay of 68 days in filing R.C.A.No.13 of 2013 was heard and dismissed by the Rent Control Appellate Authority, Kalpetta by order passed on 6.12.2013. Consequently, R.C.A.No.13 of 2013 was dismissed.