SUHARA Vs. ABDUL SHUKKUR

JUDGEMENT

(1.) The short question to be decided in this revision petition is whether a petition for eviction under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act') can be filed by an assignee landlord alleging existence of arrears of rent which fell due prior to the assignment of the building in his favour even if the right to recover such prior arrears of rent was later assigned to him by a separate assignment deed The present landlord got the property by Ext. A1 dated 17.11.1989. It is the case of the petitioners that the tenant/revision petitioner was in arrears of rent from 1.1.1979 till the date of transfer. By Ext. A2 dated 30.12.1989 the right to recover an amount of Rs. 3,000/- as arrears of rent and interest was also transferred by the erstwhile landlord to the present landlord. Thereafter, the present landlord filed Rent Control Petition under S.11(2) of the Act. It was found by the Rent Control Court that under Ext. A1 the present landlord has got the right to recover future rent alone from the date of transfer. By Ext. A2, he obtained the right to recover arrears of rent. But, that will not enable him to maintain an application under S.11(2) of the Act 2 of 1995. By virtue of Ext. A2, what the present landlord received is only the right to recover previous arrears of rent and that can be recovered by filing a civil suit and petition under S.11(2) of the Act is not maintainable. The Appellate Authority found that under S.2(3) of the Act landlord includes a person who is entitled to receive rent of a building. In view of the assignment in his favour the present landlord is entitled to receive the rent. Therefore, he can maintain a petition under S.11(2)(b) of the Act. It was also found that since the property itself was assigned by Ext. A1, the right to collect arrears of rent has also been assigned by Ext. A1 itself. Therefore, the present landlord can maintain an application under S.11(2)(b) for evicting the tenant for arrears of rent as rent was not paid for 1979 to 1989. The Appellate Authority remanded the matter to the Trial Court The order of the Appellate Authority is challenged in this revision petition.

(2.) The property was transferred to the present landlord by Ext. P1. In Ext. A1 no specific mention is made regarding arrears of rent. S.109 of the Transfer of Property Act reads as follows:

(3.) According to the respondents, in Thankappan Pillai v. Elsamma Joseph ( 1989 (2) KLT 158 ) this court held that the assignee landlord can continue the Rent Control Proceedings taken under S.11(2) of the Act for arrears of rent. It is submitted by the respondents that in view of the above decision of this court it is clear that the right of the assignor landlord to file a petition under S.11(2) of the Act is also assigned alongwith transfer of the land and therefore, for the arrears of rent due to the previous landlord the transferee landlord can file an application under S.11(2)(b).