KANNINANKANDY KAMANAT ROHINI AMMA Vs. SARVESWARAN

JUDGEMENT

(1.) THIS is an application by a ˜landlord ™within the meaning of that term as defined in the Kerala Buildings(Lease and Rent Control)Act,1965.The prayers are to quash two orders Exts.P -1 and P -2 produced along with the affidavit in support of the petition.Ext.P -1 is an order passed by the Accommodation Controller,the third respondent to this writ application,allotting the building of the petitioner to the second respondent.Ext.P -2 is an order passed by the appellate authority in proceedings initiated by the petitioner for eviction of the second respondent.The application for eviction which was based on two grounds;arrears of rent and sub -letting without permission of the landlord,was dismissed by the Rent Control Court.The appeal shared the same fate as is seen from Ext.P -2.This order as well as the order of allotment passed by the Accommodation Controller,Ext.P -1 as already indicated,are challenged in this petition.

(2.) IN order to understand the grounds taken in this writ application,a few facts are necessary.The building was admittedly leased by the petitioner to the first respondent.The first respondent was a student and apparently required the building only for the duration of his stay in Cannanore where the building is situate for the purpose of his studies.Apprehending that when the necessity for the 1st respondent to continue to stay in Cannanore ceased the first respondent will give possession of the building to somebody else,the writ applicant wrote to the first respondent on the 11th June,1961 intimating the first respondent that the building should not be given to anybody else.The reaction of the first respondent to this appears to have been to approach the Accommodation Controller which the first respondent did with an application on the 13th July,1961 stating that the building is falling vacant.On the same day,the second respondent also approached the Accommodation Controller and prayed that the building may be allotted to him.This,the Accommodation Controller did by Ext.P -1 order on the 7th August,1961.

(3.) THE Subordinate Judge who is the appellate authority in eviction proceedings dealing with the question of the procedure adopted by the Accommodation Controller said: