MUHAMMED SAJID Vs. K P KHADEEJA

JUDGEMENT

(1.) The common judgment dated 21.11.2016 in R.C.A.Nos.62/2011 and 61/2011 of the Rent Control Appellate Authority (Additional District Judge-II, Thalassery) is assailed in the captioned revision petitions on the ground of the illegality, impropriety and perversity, which vitiate it.

(2.) The facts involved in the Rent Control Petitions preferred as R.C.P.Nos.9/2010 and 7/2010 before the Rent Control Court (Munsiff), Payyannur being relevant and important for arriving at a just decision are narrated in brief as hereunder:-

(3.) The tenanted premises is a building bearing No.PMC XXI-1255 consisting of three segments and by virtue of three separate lease deeds, the owners of those segments have been let out to the tenants. By virtue of a registered partnership deed dated 12.12.96 of SRO, Payyannur, properties scheduled therein as 'A' had been allotted to Mr.Parammal Chappayil Ahammed Haji and 'B' had been allotted to one Mr.Musthafa Haji. 'B' Schedule had been assigned by Mr.Musthafa Haji in favour of Mr.Parrammel Chappayil Ahammed Haji as per Janmam deed dated 25.2008 and thereby latter has become the owner of both 'A' and 'B' schedule of the partition deed. 'A' and 'B' schedules have been leased out by its owner to tenants by virtue of kachits executed by him and those are marked in evidence as Exts.A1 and A2. 'A' schedule was leased out for a monthly rent of '5680/- and 'B' schedule for Rs. 993/-. The third segment covered by 'C' schedule to the partition deed was owned by respondents 1 to 7 and it was leased out to the tenant for a monthly rent of Rs. 2187/- by virtue of Ext.A38 kachit. Therefore, the tenanted premises is a single shop room bearing No.XXI/1255 of Payyannur Municipality and is comprised of 3 segments and occupied by tenants on the strength of three kachits (Exts.A1, A2 and A38). The tenants were conducting hotel business therein under the name and style 'Top Star Hotel'.