V P VARID Vs. KAMALAM

JUDGEMENT

(1.) Counter petitioners 6 and 7 in O.P. (R.C.) No. 194 of 1976 on the file of the Rent Control Court, Kozhikode, are the petitioners in this Civil Revision Petition.

(2.) Respondents 1 to 7 before this Court are the legal heirs of the original landlord, the petitioner before the Rent Control Court. Respondents 8 to 12 herein are respondents 1 to 5 before the Rent Control Court. They are the legal heirs of one Peter who had taken the petition-schedule building on rent under a lease deed dated 1-6-1961.

(3.) I am referring to the parties as they are arrayed in the O.P. The landlord sought recovery of the building on the ground of arrears of rent and sublease. According to him the tenancy right which had devolved upon the legal heirs of Peter had been transferred to respondents 6 and 7. The Rent Control Court by order dated 14-2-1977 allowed the eviction on the ground of arrears of rent as also on the ground of sublease. Respondents 6 and 7 challenged that finding before the Appellate Authority, Kozhikode, in C.M.A. No. 51 of 1977. The Appellate Authority relying on the decision reported in Commr, of I.T v. Juggilal ( AIR 1967 SC 401 ) found against sublease and ordered eviction only on the ground of arrears of rent. The landlord took up the matter in revision before the District Court, Kozhikode, in R.C.R P. No. 116 of 1979. During the pendency of that revision petition the landlord passed away and his legal representatives were impleaded. The learned District Judge by his order dated 17-2-1981 allowed eviction on the ground of sublease as well. This order is under challenge in this Civil Revision Petition.