A RAJAN Vs. R C MURUKESAN

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P.No.62 of 2010 on the file of the Rent Control Court, Palakkad, a petition for eviction filed by the respondent under section 11(2) (b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" for short) . The landlord contended that the tenant has kept the rent at the rate of Rs.30/- in arrears ever since May, 1990, that when he demanded rent for the period from May, 1989 to May, 1990 the tenant sent a reply notice raising an untenable contention that he has perfected title to the petition schedule property by adverse possession and limitation.

(2.) The tenant opposed the petition for eviction. He contended that there is no landlord tenant relationship between the parties. He also contended that ever since Kaliyammal vacated the property, he is in possession and enjoyment of the property. He further contended that he has perfected title to the property by adverse possession and limitation.

(3.) Before the rent control court the landlord examined himself as PW1 and produced and marked Exts.A1 and A2. The tenant examined himself as RW1 and another witness as RW2. He also produced and marked Exts.B1 to B