SAJI Vs. METTILDA @ METTY AND OTHERS

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P.No.18 of 2009 on the file of the Rent Control Court, Kochi. The respondents are the petitioners therein. They have in R.C.P.No.18 of 2009 prayed for an order of eviction under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the "Act", for short.

(2.) R.C.P.No.18 of 2009 was instituted on 23-09-2009 on the averment that the landlords bona fide need the petition schedule building for their own occupation. It is stated that they are presently residing at Thiruvananthapuram, in a rented house and therefore, they are in urgent need of the petition schedule building. The petition schedule building in R.C.P.No.18 of 2009 is described as "two rooms of the building bearing CC No.1/1532 and one room and a veranda of building bearing CC No.1/1533 together with the appurtenant structures like latrine and bathroom having electric and water connections etc., assessed in the joint names of late A.P.Peter and the first petitioner therein, namely Mettilda @ Metty Peter".

(3.) Upon receipt of notice, the tenant entered appearance and filed a counter statement dated 02-12-2009. In paragraph 1 thereof he contended that the first petitioner in R.C.P.No.18 of 2009 is not the wife of late A.P.Peter who passed away in the year 2008, that Peter died a bachelor and that on his death his rights devolved on his next of kin. The tenant contended that the first petitioner in R.C.P.No.18 of 2009 is not the owner of the petition schedule property or the landlord of the petition schedule building. The tenant also filed I.A.No.136 of 2010 on 20-01-2010 praying for that the claim of title put forward by the first petitioner in the rent control petition in respect of the petition schedule property may be decided as a preliminary issue. In the affidavit filed in support of the said application as well, he contended that the first petitioner in R.C.P.No.18 of 2009 is not the wife of late A.P.Peter and that she was married to Victor Paul Kauv who passed away on 08-05-2007. In paragraph 5 of the affidavit filed in support of the said application, he contended that the question whether the first petitioner in R.C.P.No.18 of 2009 has ownership over the petition schedule building has to be referred to a civil court in view of the fact that she is not the legally wedded wife of late A.P.Peter.