P J JACOB Vs. T J JACOB

JUDGEMENT

(1.) The revision petitioner filed B. R. C O. P. No 87 of 1971 before the Rent Control Court, Kottayam for evicting the respondent from a building let out to him. The claim for eviction was on grounds mentioned in S.11(2) and S.11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act').

(2.) Pending proceedings rent in arrears was paid. In answer to the claim under S.11(4)(i), the tenant contended that there was no transfer of his right, there was no subletting and the petition for eviction was not sustainable in the light of the dismissal of two earlier petitions, O. P. 79 of 1969 and O. P. 47 of 1970. The Rent Control Court held that the petition was not barred but that the sublease was true. An order for eviction was accordingly passed. An appeal was filed before the Subordinate Judge as Appellate authority. The Appellate authority held that there was a transfer of tenancy right in favour of a firm of which the respondent was a partner and also that the petition was barred in view of the dismissal of the two earlier petitions filed for the same relief. A revision petition was filed before the District Judge. The District judge reversed the findings of the Appellate authority and dismissed the claim for eviction. Against that order the present revision petition has been filed under S.115 of the Code of Civil Procedure.

(3.) The petitioner bases bis claim for eviction under S.11(4)(i) on: