JOHN MATHEW
SUKUMARAN – Appellant
Versus
SUSY ISAAC – Respondent
1. The tenant is the revision petitioner. The landlord sought eviction of the revision petitioner on the grounds of arrears of rent and bona fide need for own occupation coming under S.11 (2)(b) and 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the Act. The main contention of the tenant was that the applicant is not entitled to receive rent for the building and therefore the petition is not maintainable. Such a contention was raised under the following circumstances:
By the judgment in OS. No. 143/71 on the file of the Munsiff's Court, Kottayam, two persons who were the original tenants of the landlord were allowed to receive the rent of the petition schedule building. There the original tenants had prayed for recovery of possession of the petition schedule building and also the movables from the revision petitioner. In that suit the present respondent who is the landlord was impleaded as additional 2nd defendant. The revision petitioner herein raised the contention that the plaintiffs therein had no leasehold interest or other right or possession of the building and therefore the plaintiffs therein are not entitled to any
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