MEERASAHIB Vs. HASSANKUTTY

JUDGEMENT

(1.) REVISION petitioners filed a petition for eviction of the respondent (after death of the respondent legal representatives were impleaded as additional respondents 2 to 4). It is the case of the petitioners that they had title to the property under gift deed No.3328/77 and there was a thatched house in the petition schedule property. Lease deed was executed on 14.9.88 on a monthly rent of Rs.25/- to the respondent. Amongst various other contentions raised, it was also contended that the lease deed executed was not genuine and according to the petitioners, they themselves are the owners and title of the petitioners was also disputed. The rent control court found that since genuineness of the lease deed was disputed, whether petitioners are the owners of the building is to be decided by a civil court and there is a bonafide dispute regarding the title to the building and already suit was pending for declaration of possession and title over the property. The appellate court confirmed the above finding and dismissed the appeal filed by the petitioners with the following observations: