Judgment :-

Basant, J.

Can a bona fide denial of title be raised under the second proviso to Sec.11(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ˜the Act™) by a person against whom eviction proceedings is initiated, even when he disputes the assertion of the landlord that he is a tenant? In order to raise such a contention is it essential and invariable that he must first admit that he is a tenant? Does the decision of the Division Bench in Charulatha v. Manju (2004 (1) KLT 290) deserve reconsideration? There are the interesting questions that arise for consideration in these revision petitions referred to us by a Division Bench of this Court comprising of Justice R. Bhaskaran and Justice K.R. Udayabhanu.

2. An attempt shall first be made to summarise the relevant skeletal facts in which the question referred arises for determination. For the sake of easy reference, the parties shall be referred to as the tenant and the landlords.

3. The tenant herein-one P.M. Parthakumar, and one Sivananthan are brothers. They along with their father and siblings were partners of a firm by name P.M. Kutty & Sons. The partnership was carrying on various item