ALUKKAL KOYA Vs. MARAKASUTHARBIYATHUL ISLAMIYA

JUDGEMENT

(1.) The question that emerges for consideration in these revision petitions is, can a society registered under the Societies Registration Act, 1860 sue or be sued in its own name? The revision petitioner is the tenant, who is confronting with an order of eviction passed in five rent control petitions and all the rent control petitions were filed, seeking an order of eviction under Sections 11(2)(b), 11(4)(i), 11(4)(iii) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965(hereinafter referred to as 'the Act'). The 1st respondent/1st petitioner/landlord is a co-operative society by name 'Marakasutharbiyathil Islamiya' and the 2nd respondent/2nd petitioner/ landlord is Marakasutharbiyathil Islamiya, represented by the general secretary. The parties are referred to as in the Rent Control Petitions. According to the petitioners, the 1st petitioner/landlord is a society registered under the Societies Registration Act, 1860 and the 2nd petitioner is the said society, represented by its General Secretary.

(2.) The respondent/tenant contended that the rent control petitions itself are not maintainable, as the society was not represented, as contemplated under Sec. 6 of the Societies Registration Act, 1860. Though the said issue was raised as a preliminary issue, the parties went on to trial and both parties adduced evidence. After considering the evidence on record, the said preliminary issue was considered at first, and the Rent Control Court found that the rent control petitions are not maintainable, as the society was not represented in the rent control petitions, as contemplated under Sec. 6 of the Societies Registration Act, 1860.

(3.) Feeling aggrieved, the petitioners/ landlords preferred appeals before the Rent Control Appellate Authority and the Appellate Authority, after considering the contentions raised in the appeal, reversed the findings of the Rent Control Court and allowed the appeals, on a finding that the society, by name, Marakasutharbiyathil Islamiya is properly represented in the rent control petitions and the rent control petitions are maintainable. Thus, the divergent findings on the issue, whether the society registered under the Societies Registration Act, 1860 can sue or be sued in its own name, have come up in these revisions before us.