Back
P. B. SURESH KUMAR, P. G. AJITHKUMAR
Mallika – Appellant
Versus
Sree Mutharamman Temple Trust – Respondent
ORDER :
P.B.Suresh Kumar, J.
The petitioner in these revision petitions is one and the same. She was arrayed as the tenant in R.C.P. No.3 of 2018 on the files of the Rent Control Court, Nedumangad instituted by the respondents under Sections 11(2)(b), 11(3) and 11(7) of the Kerala Buildings (Lease and Rent Control) Act (the Act). The subject matter of the said proceedings is a shop room attached to a temple. The petitioner denied the title of the landlord in the said proceedings and contended that the eviction petition is, therefore, not maintainable. The sustainability of the said plea of the petitioner was adjudicated as a preliminary issue and as per order dated 25.03.2019, the Rent Control Court held that the plea is not bona fide and that the eviction petition is maintainable. The petitioner had not challenged the said order. The eviction petition was later tried and dismissed on merits.
2. The landlord instituted another proceedings thereafter for eviction of the petitioner as R.C.P. No.4 of 2019 under Sections 11(2)(b), 11(3) and 11(7) of the Act. The petitioner denied the title of the landlord in this proceedings as well, and contended that the eviction petition is not maintai
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 tenant must provide substantial evidence to support the denial of the landlord's title as per the provisions of the Kerala Buildings (Lease & Rent Control) Act, 1965.
Point of Law : Principles of res judicata applies as between two stages in the same litigation so that if an issue has been decided at an earlier stage against a party, it cannot be allowed to be re-....
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....
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 ....
Joint eviction petition by landlords permissible under law; High Court limited to examining legality without re-evaluation of evidence.
Courts have a duty to ensure that there is no judicial contribution to delay.
The court clarified that a tenant's denial of a landlord's title may be assessed for bona fide elements; erroneous and perverse findings from lower authorities warrant court intervention.
Landlords can evict tenants who cease occupancy without reasonable cause for over six months under the Kerala Buildings (Lease and Rent Control) Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
