MOOSA Vs. TOFFY

JUDGEMENT

(1.) These appeals are filed by the landlord of a building, against the common judgment of the learned Single Judge in a batch of three writ petitions. The landlord filed a writ petition seeking implementation of an order passed by the Corporation Engineer and the other writ petitions were filed by the tenants seeking to impugn the said order. The writ petitions were disposed of directing that an inspection be conducted and fresh order be passed by the Secretary in exercise of his powers under Section 411 of the Kerala Municipality Act, 1994. Proceeding further learned Single Judge also ordered that if order is issued under Section 411 of the Municipality Act and the building is demolished, once the building is reconstructed by the landlord, the tenants will be entitled to the benefit of reoccupation as provided under Section 11(4) (iv) of the Kerala Building (Lease and Rent Control) Act, 1965. In these appeals, the landlord impugned the order of learned Single Judge to the extent the right to reoccupation as provided under the Rent Control Act is recognised in favour of the tenants.

(2.) We heard learned counsel for the landlord, learned counsel appearing for the tenants and also the learned counsel appearing for the Corporation.

(3.) Having heard the rival submissions made, we are of the view that if a building is found to be unsafe and is ordered to be demolished by order passed by the Secretary in exercise of his powers under Section 411 of the Municipality Act, the implementation thereof, or further action taken on the basis of the said order and the reconstruction, if any, of the building cannot be coupled with obligation on the landlord to induct erstwhile tenants into the new building. Such right is recognised only if the landlord succeeds in getting the tenant evicted by filing an application under Section 11(4) (iv) of the Rent Control Act. Therefore, the learned Single Judge was not justified in ordering that in the event the tenants are evicted, in implementation of the order passed by the Secretary under Section 411 of the Municipality Act, the tenants will be entitled to the benefit of reoccupation under the Rent Control Act.