SHAMNAS Vs. ASHRAF

JUDGEMENT

(1.) The landlord in two revisions challenged the order passed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), by the Rent Control Appellate Authority reversing the finding of Rent Control Court, in R.C.A.No.9/2016 and R.C.A.No.10/2016 dated 27.02.2017.

(2.) Originally two Rent Control Petitions were filed by the sisters, the respective landlord of petition schedule shop rooms. There are altogether five shop rooms in the ground floor of a two storeyed building and the southernmost four shop rooms in the ground floor is the subject matter of lease in both the Rent Control Petitions. The northernmost ground floor shop room is in occupation of petitioner's father. The ground raised are under Sections 11(2)(b) and 11(3) of the Act, originally. The Rent Control Court negatived the ground under Section 11(2)(b) of the Act, which was not challenged and hence became final and conclusive. The finding of the Rent Control Court under Section 11(3) of the Act was challenged by the tenant before the Rent Control Appellate Authority in the respective R.C. Appeals, which was reversed by the Rent Control Appellate Authority on a re-appraisal of the pleadings and evidence and delivered a common judgment, which is under challenge.

(3.) Among the two sisters, Shamnas is the petitioner in R.C.(OP) No.13/2012, which is treated as the leading case. In the connected R.C.(OP) No.12/2012, her sister Shefinas is the landlord.