THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Safeena Salim – Appellant
Versus
P. A. Subair – Respondent
Thottathil B. Radhakrishnan, J.
1. These rent control revisions filed under Section 20 of Kerala Buildings (Lease and Rent Control) Act (Act 2 of 1965), hereinafter called 'the Act', are against a common judgment by which the Appellate Authority has dismissed appeals filed under Section 18 of that Act challenging interlocutory orders by which the Rent Control Court refused to adjudicate an issue sought to be raised by the tenants as if there is a bona fide denial of title of the landlord. They, therefore, attempted to press into service Section 11(1) of the Act. That did not find favour with the Rent Control Court or the Appellate Authority. Hence, these revisions.
2. Learned counsel for the revision petitioner argued that the findings of the courts below are not sustainable and that the orders are vitiated by illegality, irregularity and impropriety, though they are concurrent. Per contra, the learned counsel for the landlord/respondent argued that the plea attempting to deny the title of the landlord itself was not bona fide.
3. The trump card plea of the tenants is that they had a contract of sale in their favour and, therefore, the landlord's right does not continue to
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