ANDAPPAN Vs. SARAMMA VARGHESE

JUDGEMENT

(1.) These revision petitions arise from proceedings initiated by the respondent under S.11(1), (2), (3) and (4) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short the Rent Control Act, for eviction of the petitioners from the buildings in their occupation.

(2.) Certain facts are admitted. The building originally belonged to the husband of the respondent. The petitioners were tenants under him. After the death of her husband the property devolved on the respondent and her five daughters. They are governed by the provisions of the Travancore Christian Succession Act, hereinafter referred to as the Succession Act. Under S.16 of the Succession Act, the respondent is entitled to a share equal to that of a son and in the absence of a son, her share is equal to that of a daughter. This right however, is qualified by S.24. S.24 provides that the rights of a widow under S.16. will be only a life-interest terminable at death or re-marriage. The rest of the provision in S.24 need not be considered because it is irrelevant for the purpose of the case.

(3.) Before I go into the merits of the case I shall deal with the preliminary objection, the petitioners had raised at the very inception of the proceedings and repeated before me. The objection is this. The respondent is not the owner of the property. Her right under law is only a life interest. Though she has been receiving rent from the petitioners, she can be treated only as an agent of the real owners and if that be so, a petition under the Rent Control Act for eviction can be filed only with the written consent of the real owners (Vide S.11(16) of the Rent Control Act). Assuming she is a cosharer along with the other sharers even then the petition for eviction without the junction of the other cosharers is not maintainable. Under no circumstance can she contend for the position that she is the owner of the properties "as against the whole world". In short, according to the petitioners, she cannot be said to be a 'landlord' within the meaning of the Rent Control Act.