KHADEEJA Vs. HARIS HAJI V.

JUDGEMENT

(1.) The questions that emerge for consideration in this revision are given below: 1. Whether the denial of landlord-tenant relationship, invariably made in all facts and circumstances, would amount to denial of title, falling under second proviso to Section 11(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 [for short, the Act].

(2.) Whether the denial of landlord-tenant relationship, without denial of title, would oust the rent control petition from the jurisdiction of the Rent Control Court, by the operation of the second proviso to Section 11(1) of the Act.

(3.) According to the petitioner/landlord, the petition schedule building belongs to him by virtue of a partition deed and at the time of partition, the deceased original tenant was in occupation of the tenanted premises. The petitioner entrusted the tenanted premises with the respondent/original tenant on 01/04/1998 by an oral lease. The petitioner/landlord now wants the petition schedule shop room, for conducting a jewellery business and he has no other buildings of his own in his possession to start the proposed business. Thus he bond fide needs the petition schedule shop room.