OMANA AMMA N Vs. THANKAMONY AMMA

JUDGEMENT

(1.) Respondents 5 to 7 in R.C.P.No. 5 of 2009 are the revision petitioners. The rent control petition was filed by respondents 1 to 3 herein seeking to evict the respondents therein under Section 11(2)(b), 11(4)(ii) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act' for short).

(2.) The short facts that has arisen in the case are as under, and the parties are described as shown in the rent control petition. The petition schedule building, furniture, machinery and equipment originally belonged to late Sankara Kurup. It was a cinema theatre which was being run under the name and style as 'Manorama Theatre'. One Kumara Kurup was the manager of the theatre. Subsequently, the scheduled property was given on rent to Kumara Kurup at the rate of Rs. 10 per show. Kumara Kurup died and his right stood inherited by the respondents. It is alleged that Padmanabha Kurup, the only son of Kumara Kurup was in possession of the scheduled property and both of them were running the theatre.

(3.) Sankara Kurup died and his rights devolved upon his son Narayana Kurup Viswanadha Kurup in terms of a Will dated 22.07.1971 executed by Sankara Kurup. After the death of Sankara Kurup rent was being paid to Narayana Kurup Viswanatha Kurup until 198 Narayana Kurup died and petitioners are his legal heirs. According to the petitioners rent was in arrears and the respondents were using the properties in a manner reducing its value and utility materially and permanently. The 2nd and 3rd respondents are unemployed. They are in bonafide need to conduct theatre and earn income. Though two rent control petitions were filed earlier, those were dismissed for default as the petitioners could not appear before Court. Hence this petition was filed. Respondents 1 to 4 remained ex-parte. Respondents 5 to 7 filed objection.