SMITHA Vs. KRISHNAN

JUDGEMENT

(1.) A Division Bench of this Court referred the following questions for consideration by a Full Bench. (The reference order is reported in Smitha Vs. Krishnan (2012(1) R.C.R.(Rent) 100 : 2011 (4) KLT 697.)

(2.) The facts of the case relevant for consideration of the questions referred to the Full Bench are stated below. The respondent/landlord filed the Rent Control Petition under Sections 11 (2)(b), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The Rent Control Court allowed the Rent Control Petition under Sec. 11(2)(b) alone. The claim for eviction under Sec. 11(4)(i) and 11(4)(ii) was rejected by the Rent Control Court. Challenging the order under Sec. 11(2)(b), the tenants filed R.C.A.No.29 of 2008 before the Rent Control Appellate Authority, Palakkad. The Appellate Authority allowed the appeal filed by the tenants and dismissed the Rent Control Petition under Sec. 11(2)(b) of the Act. However, the Appellate Authority found that the monthly rent payable was Rs. 3,000.00. The tenants filed R.C.R.No.429 of 2010 before this Court challenging the finding of the Appellate Authority regarding quantum of rent. No revision was filed by the landlord challenging the judgment of the Appellate Authority. R.C.R.No.429 of 2010 filed by the tenants was dismissed. Against the order of the Rent Control Court under Sec. 11(4)(i), the landlord filed R.C.A.No.28 of 2008 before the Rent Control Appellate Authority, Palakkad. The Appellate Authority allowed the appeal and allowed the Rent Control Petition under Sec. 11(4)(i) of the Act. The tenants filed R.C.R.No.358 of 2010 before this Court challenging the judgment of the Appellate Authority in R.C.A.No.28 of 2008. In the Revision filed by the tenants, the landlord challenged the judgment of the Appellate Authority in R.C.A.No.29 of 2008 dismissing the Rent Control Petition under Sec. 11(2)(b) of the Act. No cross objection was filed by the landlord. The dismissal of the Rent Control Petition under Sec. 11(4)(ii) became final, since no appeal was filed by the landlord.

(3.) When R.C.R.No.358 of 2010 came up for hearing before the Division Bench, after hearing the arguments of the counsel, the questions mentioned in paragraph 1 of this order were referred to the Full Bench for consideration.