Tenants are estopped from disputing their landlord's title if genuine documents establish the landlord-tenant relationship.

ORDER :

[A. Muhamed Mustaque, J.]

1. The Rent Control Revision highlights the question regarding the denial of the title of the landlord. Denial of title is based on the right of permanent tenancy claimed by the tenants. This dispute can be narrowed down to the nature of the relationship between the parties in regard to the building in question. The revision petitioners have no claim over the land where the building exists. They raised a plea of commercial lease. According to them, their predecessor-in-interest was given land on ground rent to construct a building for commercial purposes. Both Rent Controller and the Appellate Authority overruled the objection and ordered eviction under Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the 'Act') on the ground of reconstruction.

2. We are not reproducing narration of facts as the same is borne out from the impugned orders. In this revision, we need to decide on the point of law urged, the scope of enquiry and qua competency of the Rent Controller to decide on such dispute before deciding on the challenge raised against the impugned order.

3. The Rent Controller is having only a limited jurisdiction. When a dispute is raised as to the title of the landlord whether the Rent Controller is competent to decide on the dispute by holding the title of the landlord or otherwise is the prime point to be decided in this matter. It is appropriate to refer to Section 11 (1) of the Act, which reads thus:

“Eviction of tenants: Notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this Act.

Provided that nothing contained in this section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority notified under this Act.

Provided further that where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and such Court may pass a decree for eviction on any of the grounds mentioned in this section, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.”

4. The second proviso to Section 11(1) of the Act denotes the competency and the jurisdiction of the Rent Control Court to consider the question at the first level. As seen from the second proviso, the Rent Controller has to prima facie satisfy that the denial of title or the claim of permanent tenancy is bona fide. It is after recording prima facie satisfaction on bona fides of the dispute, the Rent Controller can direct the landlord to sue for eviction of the tenant in a Civil Court. It is then for the Civil Court to decide on a title and pass a decree for eviction on enumerated grounds under the Act, if the Civil Court is satisfied with the title of the landlord.

5. The landlord is defined under Section 2 (3) of the Act as follows:

“'Landlord' includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, if the building were let to a tenant.”

6. The tenant is defined under Section 2(6) of the Act as follows:

“'Tenant' means any person by whom or on whose account rent is payable for a building and includes:

(i) the heir or heirs of a deceased tenant, and

(ii) a person continuing in possession after the termination of the tenancy in his favour, but does not include a Kudikidappukaran as defied in the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1964), or a person