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1983 Supreme(Ker) 144

K.K.NARENDRAN
FRANCIS – Appellant
Versus
JACOB – Respondent


Judgment :-

1. The respondent sub-tenant in a petition for eviction by the tenant-landlord is the petitioner in this Civil Revision. The Rent Control Court ordered eviction under S.11(2) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965. The petitioner's appeal was dismissed by the Appellate Authority. The revision filed by the petitioner then before the District Court also met with the same fate. It was under the above circumstances that the petitioner has filed this Civil Revision.

2. The main contentions of the petitioner are twofold: The first contention is that the Rent Control Court was in the wrong in deciding the petition for eviction without preliminarily deciding the question whether the denial of title of the landlord raised by the petitioner in the written objections was bona fide or not, as has to be done under the second proviso to S 11(1) of Act2 of 1965. What is to be denied is the title of the landlord. Title is nothing but the ownership which only the owner has got. A tenant has no ownership of the building which is vested in his landlord. So, in a case where the petition for eviction has been filed by the tenant-landlord against his sub-tenant, as in




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