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ANIL K. NARENDRAN, P. G. AJITHKUMAR
DOSTH MOTORS – Appellant
Versus
SEBIN K. XAVIER S/O K. A. XAVIER – Respondent
JUDGMENT :
P.G. AJITHKUMAR, J.
1. The respondent-landlord filed Rent Control Petition No. 138 of 2015 for eviction before the Rent Control Court (Additional Munsiff-III), Ernakulam against the petitioner-tenant. Eviction was sought under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The respondent was examined as PW-1 at the trial. Exts.A1 to A11 were marked. Immediately thereafter, the respondent filed I.A. No. 21 of 2021 under Order XVIII, Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 to recall PW-1 for further examination. The Rent Control Court allowed that application. The said order, produced as Ext.P6, is impugned in this Original Petition filed under Article 227 of the Constitution of India.
2. On 25.10.2021, when the matter came up for consideration, Advocate A. Balagopal entered appearance for the respondent. On that day, proceedings in the rent control petition was ordered to be stayed for three weeks.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. The learned counsel appearing for the petitioner would contend that the impugned order is totally wr
As per the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is State Government or Central Government or other public authority notified under ....
when the petitioner demands the commissioner to verify the lease agreements, it presupposes existence of such documents. If so, after complying with the provisions of Section 65(a) of the Evidence Ac....
The denial of title of the landlord in rent control proceedings must be decided at the earliest opportunity and cannot be deferred to a later stage of the proceedings. The court emphasized the need t....
The burden of proof under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is on the tenant to prove availability of vacant rooms with the landlord, and the admissibility of s....
Joint eviction petition by landlords permissible under law; High Court limited to examining legality without re-evaluation of evidence.
The court upheld the lower courts' findings that the tenant's denial of title was not bona fide, emphasizing the validity of the lease deed without registration.
The phraseology employed in Section 18 of the BRC Act “that any person aggrieved by an order passed by the Rent Control Court may file an appeal” will have to be understood as orders which substantia....
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