BALAN Vs. ZAINABI

JUDGEMENT

(1.) The 1st respondent landlord filed an application for eviction of the 2nd respondent tenant, from a building in his occupation on the grounds of arrears of rent and unauthorised sublease falling under Sub clauses (2) and (4) (1) of S.11 of the Kerala Buildings (Lease and Rent Control) Act. 1965 (the Act for short). The unauthorised sublease was stated to be in favour of the petitioner. According to the tenant, however the petitioner was his brother inlaw who was only residing with him, and that there was no sublease as alleged.

(2.) The Rent Control Court ordered eviction only on the ground of arrears of rent. The sublease alleged was found against as there was no evidence to show that the occupation by the petitioner was for valuable consideration. The prayer for eviction on the ground of sublease was not therefore granted. The Appellate Authority however held that the landlord was entitled to get an order of eviction on the ground of sublease as well Eviction was therefore ordered on both the grounds set up by the landlord.

(3.) The order of the Appellate Authority, was not challenged by the tenant himself by filing any revision petition before the Revisional Court under S.20 of the Act. The petitioner however challenged it in revision At the hearing of the revision petition, it was conceded by the petitioner that there was no material on which be could challenge the correctness of the order of the Appellate Authority. In view of this submission, the revisional court did not go into the merits of the case. The revision petition was accordingly dismissed. The petitioner has filed the Original Petition challenging this order under Art.227 of the Constitution.