P M JOSEPH Vs. P C SURESH

JUDGEMENT

(1.) The petitioner is the appellant in R.C.A.No. 40/2016 on the files of the Additional Rent Control Appellate Authority-IV, Kottayam. The above appeal was filed by him challenging an order of eviction passed against him under Section 11(2)b, 11(3) and 11(8) of the Kerala Building (Lease and Rent Control) Act.

(2.) The respondent/land lord, filed an application under Section 12, seeking an order directing the petitioner to deposit the admitted arrears of rent. The petitioner herein filed an objection and prayed for dismissal of the said petition. After considering the rival please the Appellate Authority allowed the application by passing Ext.P5 order. The legality and corectness of the said order is challenged in this original petition.

(3.) Heard the learned counsel for the petitioner. According to the petitioner, there was no land lord, tenant relationship between the petitioner and the respondent herein and the original tenant is his son by name Joy. The said joy was a necessary party in the rent control petition. It is further contended that he had already transferred the tenanted premises to his son and now his son is conducting flower business in the said shop room. Thus, he was not liable to pay the admitted arrears of rent and the Rent Control Appellate Authority, directed him to pay the admitted rent without considering the aforesaid contention.