ABDUL RAZAAK Vs. KARTHA

JUDGEMENT

(1.) The tenant is the revision petitioner. The revision is directed against the judgment of the Rent Control Appellate Authority in R.C.A. No. 179 of 1990 confirming the order of the Rent Control Court dismissing I.A. No. 6694 of 1989 in R.C.P. No. 10 of 1988. The respondent landlord is the owner of the petition schedule shop room bearing No. XLI/1127-C, First Floor in Paramara Shopping Centre, Ernakulam. where the tenant is conducting a Barber Shop. The said room was taken by the tenant on rental arrangement with the landlord with effect from 1.5.1982 on monthly rent of Rs. 500/- for a period of 5 years. Since the tenant failed to pay the arrears of rent of Rs. 2,500/- as well as the rent from 1.6.1984, the landlord caused Ext. A-1 lawyer's notice to be sent through Registered Post Acknowledgement Due. Since the tenant neither paid the arrears of rent nor handed over the vacant possession of the petition schedule room in spite of Ext. Al, the landlord filed R.C.P. 10 of 1988 before the Rent Control Court seeking eviction of the tenant on the ground of arrears of rent. Though the Rent Control Court issued notice to the tenant, he refused to accept the same on the specious plea that his name is wrongly mentioned in the notice and accordingly he was set ex parte and an order of eviction was passed by the Rent Control Court directing him to surrender vacant possession of the petition schedule room to the landlord. The tenant thereupon filed I.A. 6694 of 1989 to set aside the ex parte order which was dismissed by order dated 24.8.1990 finding that his refusal twice to accept the notice is without any justification and sufficient cause. On appeal, the Rent Control Appellate Authority by judgment dated 6.3.1993 in R.C.A. 179 of 1990 dismissed the same holding that there is proper service of the notice as contemplated under R.22 of the Kerala Buildings (Lease and Rent Control) Rules (for short 'the Rules') and that the tenant has not shown any sufficient cause for his non appearance. This C.R.P. is directed against the judgment of the Rent Control Appellate Authority dismissing the appeal of the tenant as already noticed.

(2.) The sheet anchor of the case of the tenant before this court was that the landlord while filing R.C.P. 10/1988 has mentioned the name of the tenant as K.A. Andru which was purposefully so given with a view to obtain an ex parte order, whereas his correct name in M.A. Abdul Razack.

(3.) Having heard learned counsel on both sides at length, we are not satisfied that the revision petitioners tenant is entitled to succeed in this petition. According to the tenant, the landlord filed the Rent Control Petition showing "one M.A. Abdul Razaak" and the order of eviction obtained by the landlord against the said Andru is not executable against him. The tenant has a further case that no Process Server of the court ever came to his shop with a notice of the Rent Control Petition and that the landlord had influenced the Process Server so as to return the notice with the endorsement thereon that the tenant refused to accept the notice with the intention of getting an ex parte order of eviction. The question, therefore, is whether there is any substance in the aforesaid contention of the tenant. On a perusal of the record produced in this case, we are satisfied that the tenant is known by name M.A. Andru and his contention to the contrary is meant to protract the proceedings at any cost. Ext. B2 is the postal acknowledgment addressed to the tenant in the address "M.A. Andru, Malabar Saloon, Pramara Shopping Centre, Cochin". Ext. B2 is seen signed by the tenant on 4.12.1987. The address given in Ext. B2 is the address of the petitioner as M.A. Andru and not Abdul Razaak. The tenant has no case that it was not he who signed Ext. B2. Further, Ext.B3 photo copy of the kychit executed by the petitioner in the presence of the Sub Inspector of Police, Ernakulam North Police Station shows that the petitioner's name in M.A. Andru, S/o. Abdul Rahiman. Similarly, Ext. B4 proceedings of the Tahsildar, Accommodation Controller, Kanayannur dated 17.6.1987 would further show that the petitioner's name is "Abdul Rahiman @ Andru." In the face of the clinching evidence thus disclosed, we have no hesitation in holding that the petitioner's name is 'Andru'. He has already received the lawyer's notice addressed to him in the name of M.A. Andru. Therefore the petitioner cannot now turn round and say that his name is not Andru, but Abdul Razaak. Under the above circumstances, the refusal of the petitioner to accept the notice from the Rent Control Court can only be termed as wilful and without any justification. On a scrutiny of the records produced in this case, it is seen that the petitioner refused to accept the notice sent to him wherein his name was shown as 'Andru'. Under the said circumstances, the Process Server was left with no other alternative than to effect service of notice by affixture, which is perfectly valid and the petitioner cannot be heard to say that there was no proper service of notice from the Rent Control Court.