APPUKUTTAN Vs. VASU

JUDGEMENT

(1.) The appellant is the first defendant in a suit for declaration of title and recovery of possession with arrears of rent. The suit was decreed and the decree was confirmed in appeal.

(2.) The appellant (the "defendant") was the respondent in an by the present respondent (the "plaintiff") under S.11 of the Kerala Buildings (Lease & Rent Control) Act, 1965 (the "Rent Control Act"). The application was resisted by the defendant on the ground that he disputed the title of the plaintiff. The Rent Control Court held that the plaintiff was entitled to establish his title by means of a suit as mentioned in the second proviso to S.11(1). A suit was accordingly filed by the plaintiff claiming recovery of possession on the basis of title in respect of items 1 and 2 of the plaint schedule together with arrears of rent. In decreeing the suit the learned Munsiff directed the plaintiff to approach the Rent Control Court for relief under S.11 of the Rent Control Act. Against that decree an appeal was filed by the defendant and a cross appeal by the plaintiff It was contended by the plaintiff that the direction to approach the Rent Control Court for relief under S.11 was unsustainable as the civil court bad jurisdiction to grant the relief in terms of that section. The lower appellate court dismissed the defendant's appeal and allowed the plaintiff's cross appeal.

(3.) Item 1 of the plaint schedule property is 22 cents of land with a building thereon. It is in respect of that building that the plaintiff seeks eviction of the defendant on the ground of arrears of rent under S.11(2) of the Rent Control Act. There is no building in item 2 of the plaint schedule property.