K A VIMALA Vs. R ANANTHA MALLAN

JUDGEMENT

(1.) The defeated tenant in a proceeding under the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Act'), initiated by the landlord seeking eviction under S.11(4)(iii) of the Act is before us in this revision.

(2.) The landlord sought eviction of the tenanted premises on the ground that the tenant has subsequently acquired a building reasonably sufficient for his requirement in the same city, town or village. The petitioners are the legal representatives of the original tenant who died during the pendency of the original petition. There is no dispute in this case that the tenants, the petitioners before us, in fact, after the death of the original tenant, sold away the said building for discharge of the liabilities incurred by him during the pendency of the appeal. This fact was subsequently sought to be placed on record by filing an application under O.41 R.27 of the Code of Civil Procedure read with S.23 of the Act. The Appellate Court by the order impugned in this revision found that such events cannot be taken into consideration as a subsequent event as it is possible for every tenant who acquired possession or put up a building to resist the claim for eviction by creating such a sale deed. The fact that the building put up by the original tenant was sold after the commencement of the rent control proceeding is not a ground for defence available to the tenant to defeat the claim for rejection sought under S.11(4)(iii). Thus the order of eviction passed by the Rent Control Court was affirmed by the appellate authority while rejecting the appeal filed by the tenant. Hence this revision.

(3.) We have heard the learned counsel Sri. V. N. Sankarjee appearing on behalf of the petitioners as also the learned counsel Sri. K. S. Hariharaputhran appearing on behalf of the respondents.