IMPORTANT POINTS
(1) Pure question of law can be examined at any stage, including before Apex Court.
(2) Sub-letting of any part of tenanted premises gives right to eviction from whole premises.

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. One Pathummakutty, the owner, let out three shop room premises, defined as Room Nos. 3/471, 3/472, 3/476, located in 1-29 in Survey 14 and Re-survey 15/6, at the eastern side of Areekadu Nirathu Vazhi, Nallalam Amsom Desom, Kozhikode Taluk to one Beerankoya vide document dated 1.1.1967 for a monthly rent of Rs.75. The ownership rights in the property were transferred in favour of the appellants in 1986 by a registered document. This transfer/assignment was intimated to original respondent No.1 (now represented through his legal heirs) as per a registered letter in May, 1986. The allegation is that the original respondent sent rent through money orders only up to November, 1987, and stopped payment of rent thereafter. It is also alleged that the appellants required the premises bona fide; two of the shops had been sublet by the original respondent without the consent of the appellants and the value of the suit shops had been reduced materially and permanently by the respondents. The appellants, thus, sent a legal notice dated 15.12.1987 demanding surrender of possession of suit shop rooms and arrears of rent, and ultimately filed an eviction petition before the Rent Control Court, Kozhikode for eviction under Sections 11(2), 11(3) and 11(4)(i) & 11(4)(ii) of the Kerala Buildings (Lease and Rent Control), Act, 1965 (hereinafter referred to as the ‘said Act’).

2. The trial court vide judgment dated 31.10.1994 found against the appellants on all grounds except non-payment of rent while granting a decree of eviction for all the three shops. In terms of Section 11(2)(b) of the said Act read with Section 11(2)(c) of the said Act, in case such an eviction order is passed, one month’s time or any further time as deemed proper by the Rent Control Court is granted to the tenant to deposit the arrears of rent with interest and the cost of proceeding, and in that eventuality the eviction order is to stand vacated. It does appear that the amount was thereafter deposited by the respondents. The appellants preferred an appeal before the appellate authority. The three rooms were 3/471, 3/472 and 3/476. In respect of Room No.3/471 though bona fide need of the appellants was not found, in Room No.3/472 the bona fide need of the appellant was stated to be proved but no sub-letting was stated to have been proved, and in respect of Room No.3/476 the sub- letting was proved. Thus, eviction was granted in respect of rooms 3/472 and 3/476 vide order dated 9.7.1998.

3. The aforesaid order resulted in cross-revision petitions by both sides before the High Court of Kerala. In terms of the impugned order dated 30.10.2007 qua Room No.3/471, no bona fide need has been found and the position is the same in respect of Room No.3/472. Further, while sub-letting was not proved qua Room No. 3/472, was stated to have been proved qua Room No.3/476. The result of the aforesaid is that the endeavour of eviction from Room Nos.3/471 and 3/472 failed, while eviction order qua Room No.3/476 on the ground of sub-letting was sustained.

4. The appellants, aggrieved by this order, preferred a Special Leave Petition, in which leave was granted on 4.3.2011. The respondents did not prefer any appeal, and even after leave was granted, did not file any cross-appeal/cross-objections. In the proceedings of 29.8.2019, this Court recorded the real contention of the appellants as advanced by the counsel, that there was one tenancy though there were different violations in different portions of the tenancy. The notice dated 15.12.1987 was stated to be a composite notice and one eviction petition was filed quathe whole premises. That being the position, it was sought to be contended before us, by inviting our attention to Section 11(4)(i) of the said Act, that even if the sub-tenancy is created in part of the premises, the entitlement of eviction is in respect of the whole of the premises. The relevant provision reads as under:

“11. Eviction of tenants.—