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1985 Supreme(Ker) 234

K.K.NARENDRAN, FATHIMA BEEVI
IBRAYAN – Appellant
Versus
BALAN – Respondent


Judgment :-

1. A learned judge of this Court before whom this Second Appeal came up for hearing, referred the Appeal to a Bench. The order of reference reads:

The question involved in this Second Appeal is as to whether it is necessary for a landlord to prove any of the grounds mentioned in S.11 of the Kerala Buildings (Lease and Rent Control) Act in a suit for eviction filed on the bash of the second proviso to sub-S. (1) S.11 of the Act, even in cases where the denial of title by the tenant involves forfeiture of the lease within the meaning of clause (g) of S.111 of the Transfer of Property Act. The decision of this Court in Appukkuttan v. Vasu,1978 K. L. T. 776 does not deal with this aspect of the case. I therefore refer the second appeal for decision by a Division Bench."

2. The short facts of the case shorn of unnecessary details are: One K.P. Krishnan Nair and 8 others filed a petition for eviction under S.11 (2), (3) and (4) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965 against one Ibrayan and 8 others, the appellants in this second appeal, the persons in possession of the plaint schedule building as tenants In the written objections filed before the Rent Co









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