K.KALA Vs. MANIKANDAN

JUDGEMENT

(1.) The petitioner herein filed an eviction petition against the respondents under Ss. 11(2) (b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act', for short) before the Rent Control Court. Though she received a favourable order from the Rent Control Court, when the respondents herein preferred an appeal before the Rent Control Appellate Authority, the eviction order was set aside by the Appellate Authority and the said order is under challenge before us. The Cross Objection preferred by the petitioner was also dismissed by the Appellate Authority and thus the petitioner preferred two revision petitions against the said common order.

(2.) According to the petitioner, she rented out a residential building to the respondents for a monthly rent of Rs.1,000.00 on the basis of a rental agreement executed by the first respondent on 20/5/2013. Later, from July 2013 onwards, the respondents failed to pay the monthly rent. The petitioner bona fide requires the vacant possession of the tenanted building for her own occupation and hence she preferred the eviction petition, it is contended.

(3.) The eviction petition was stoutly resisted by the respondents by contending that the tenanted premises and the appurtenant land belong to the second respondent and that there exists no landlord-tenant relationship between them. The second respondent was forced to execute a sale deed in favour of the petitioner through fraudulent means and thus the second respondent filed a civil suit before the Munsiff Court for setting aside the said deed. The respondents further contended that, as part of a money transaction between respondent No.2 and the father of the petitioner, the respondents were compelled to hand over blank signed stamp papers and the purported rent deed was fabricated by the petitioner by using the said stamp papers.