J. LILLY Vs. JOSEPH

JUDGEMENT

(1.) O.S.1861/2016 is instituted by the respondent herein as plaintiff against the petitioner as defendant before the Munsiff's Court, Thiruvananthapuram, seeking the following reliefs:

(2.) The plaintiff was a tenant of the building belonging to late Viswambharan the husband of the defendant. After the demise of the husband, the defendant filed RCP 32/12 seeking eviction of the tenant (plaintiff) under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The plaintiff denied the legal status of the defendant contending that she is the wife of late Viswambharan. The Rent Control Court held the denial of the title to be bona fide. The defendant filed RCA 23/13. The appellate court found that the defendant is the legally wedded wife of late Viswambharan and that she has inherited rights over the building in question. The appellate court proceeded to consider the merits of the rent control petition and ordered eviction. The plaintiff challenged the order of eviction before this Court in RCR No.97/16. This Court, as per order dated 22.03.16, confirmed the finding of the appellate court that the defendant is the legally wedded wife of Viswambharan and that on his demise she became the landlord of the building. Regarding the grounds for eviction, this Court remanded the matter back for consideration of the grounds for eviction. Thereafter, the Rent Control Court passed an order of eviction which became final. On 22.11.2017, in execution of the order of eviction, the building was delivered over to the defendant, with the assistance of police.

(3.) In the meantime, the plaintiff had approached the Family Court by filing Original Petition No.1888/2016 seeking a declaration that the marriage between the defendant and Viswambharan is null and void. The finding in the rent control proceedings was brought to the notice of the Family Court. The defendant approached this Court by filing O.P.(FC) No.51/2017 wherein this Court directed the Family Court to consider the question of maintainability as a preliminary issue. Pursuant thereto, the Family Court held that the Original Petition is maintainable.