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ANIL K. NARENDRAN, G. GIRISH
Palattutharayil Nabeesu, W/o. Chekkutty @ Kuttippa – Appellant
Versus
Chembra Radhakrishnan Nair S/o. Narayanan Nair – Respondent
ORDER :
G. Girish, J.
The tenant in R.C.P No.37 of 2012 of Rent Control Court, Ponnani has filed this revision against the concurrent verdicts of the said court and the Rent Control Appellate Authority (Additional District Judge-III), Manjeri, directing the eviction of the tenant from the petition scheduled building, on the ground of arrears of rent envisaged under Section 11(2)(b) and bona fide need of the landlord envisaged under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short ‘the Act’)
2. The petition scheduled building is said to have been leased out to the revision petitioner on 11.02.2012, for a monthly rent of Rs.3,000/-. The respondent would contend that the petitioner committed default of payment of rent from May, 2012 onwards. According to the respondent, he is presently residing at his wife’s house, and hence, he bona fidely requires the petition scheduled building for his own occupation. It is stated by the respondent that the revision petitioner did not care to make payment of the arrears of rent and to vacate the leasehold premises despite receipt of notice sent by the petitioner. With the above contentions, the respondent had approache
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.
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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 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.
Point of Law : Though the revisional power under Section 20 of the Act may be wider than Section 115 of the Code of Civil Procedure, 1908 it cannot be equated even with the second appellate power con....
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-....
Joint eviction petition by landlords permissible under law; High Court limited to examining legality without re-evaluation of evidence.
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