SAIDU Vs. THYKKANDY NAZAR

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Kalpetta in O.S.Nos.71/2007, 72/2007 and 74/2007 through a common judgment, followed by those of the Subordinate Judge's Court, Sulthan Bathery in A.S.Nos.33/2012, 32/2012 and 18/2010 respectively through a common judgment, the defendants have come up with these second appeals.

(2.) These suits were filed for declaration of title, eviction and for recovery of arrears of rent. According to the plaintiff, he purchased the plaint schedule shop rooms with the property in which the same are situated, from one Ahammed Haji through Ext.A2. The mistake crept in Ext.A2 was corrected through Ext.A3 correction deed.

(3.) The predecessors-in-interest of the plaintiff obtained the property through Ext.A11 of 1950. The first appellant in RSA 640/2017 and appellants 1 and 2 in RSA 641/2017 are the tenants of the shop rooms. The buildings come within the local limits of the Kerala Buildings(Lease and Rent Control) Act(hereinafter referred to as 'the Rent Control Act'). The plaintiff in the suits wanted to get the tenants evicted from the shop rooms, for which he had filed RCP Nos.11/2005, 12/2005 and 13/2005 before the Rent Control Court, Kalpetta. The tenants entered appearance in the said RCPs and filed written statements by contending that the RCPs were not maintainable. According to them, the plaintiff had no title over the said shop rooms. The matter was heard by the Rent Control Court and it was held that the contention taken by the tenants regarding the denial of title of the plaintiff was bona fide. Consequently, the RCPs were dismissed under Section 11(1) of the Rent Control Act by directing the plaintiff to have recourse to appropriate proceedings before the civil court.