SANTHA AND ORS. Vs. THANKARATHINAM AND ORS.

JUDGEMENT

(1.) THE first respondent filed RCP.58/14 on the file of the Rent Control Court, Thrissur seeking eviction of the predecessor of the petitioners, late Sri. Natarajan, under sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease & Rent Control) Act, 1965, hereinafter, the 'Act', for short. During the pendency of the petition, the first respondent therein, Sri. Natarajan, expired and his Legal Representatives got themselves impleaded as additional respondents 3 to 6 therein. The Rent Control Court, by its order dated 11.4.2008, allowed the petition. That order was challenged before the Rent Control Appellate Authority, Thrissur in RCA.36/08 and the Appellate Authority, by its judgment dated 29.10.2013, dismissed the appeal. It is these proceedings, which are challenged before us.

(2.) WE heard the learned counsel for the petitioners and the learned counsel appearing for the first respondent. The second respondent remained ex parte throughout.

(3.) SUBSEQUENTLY , Smt. Pechiyammal alienated the property in favour of one Varghese in 1985. It is stated that thereafter, by Ext.A2 document of 1998, the first respondent purchased the property from Varghese. According to him, though the acquisition of the property was intimated to the second respondent tenant, rent was not paid and default was committed. Long thereafter, on 21.1.2004, first respondent issued notice to the deceased sub -tenant and the second respondent who is his father, demanding eviction under sections 11(2)(b), 11(3) and 11(4)(i) of the Act. Though the second respondent, the tenant, received the notice, he did not reply to the same. According to him, the deceased sub -tenant replied to the notice on receipt thereof. In spite of all this, since vacant possession of the premises were not surrendered and the sub -lease also was not terminated, the first respondent filed RCP.58/04.