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ANIL K. NARENDRAN, G. GIRISH
R. K. Chandrasekhar, S/o Krishnan Swami Chettiyar – Appellant
Versus
Velikkalath Muhammed Faizook – Respondent
ORDER :
G. Girish, J.
The tenant in R.C.P.No.127 of 2020 of the Rent Control Court, Kannur is the revision petitioner. In the above petition instituted by the respondents-landlords for eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'), the tenant denied the title of the landlords, and filed I.A.No.3 of 2023 for hearing the issue of denial of title before proceeding further. The Rent Control Court, after hearing both sides, passed an order, dismissing the above I.A. on 07.10.2023 with the observation that there is no need to hear the denial of title as the preliminary issue, and that the question of maintainability can be considered at the time of full-fledged trial. In fact, in the above order, the Rent Control Court had articulated various aspects relating to the concept of title of the landlord in rent control proceedings and tacitly observed in favour of the title of the respondents-landlords. The petitioner-tenant took up the matter in appeal before the Rent Control Appellate Authority (Additional District Judge-III), Thalassery. The Rent Control Appellate Authority, Thalassery dismissed the above appeal numbered as R.C.
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.
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 ....
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 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.
The Rent Control Court can reject applications for Advocate Commissioner appointments when resolving landlord-tenant disputes, especially when tenant's title denial is claimed.
The court has the jurisdiction to examine the bonafide or malafide denial of title by the tenant and can go into the question of title. An unregistered agreement of sale does not confer any right, ti....
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