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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, KAUSER EDAPPAGATH, MOHAMMED NIAS C.P., C.S. SUDHA, SYAM KUMAR V.M.
Zeenath Ibrahim, W/o. Late N.A Ibrahimkutty – Appellant
Versus
Joy Daniel, S/o. Daniel – Respondent
ORDER :
Kauser Edappagath, J.
Doubting the correctness of the law declared by the three Division Benches, Sulaiman Sahib v. Mohemmed Moosa , (2003 (2) KLT 1058), Mohammed Shameer v. Ashokan (2015 (1) KLT 396) and City Co-operative Hospital v. Luquman (2017 (3) KLT 1172) of this Court on the question of maintainability of an application filed under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act , 1965 (for short, the Rent Control Act) in an appeal preferred against the order passed under Section 12 (3), a Full Bench, Joy Daniel v. Ibrahimkutty {2020 (2) KLT 850 (FB)} of this Court thought it appropriate to refer the question to a Larger Bench for an authoritative pronouncement, and that is how the above review petition has been placed before us.
Background Facts
2. The facts of the case lie within a very narrow compass. The landlord filed a Rent Control Petition against his tenant for eviction under Sections 11 (2)(b), 11(3) and 11(4)(v) of the Rent Control Act before the Rent Control Court, Thrissur as RCP No.105/2013. There is no dispute between the parties regarding their jural relationship and rate of rent. The tenant is running an electric shop in the building
An application under Section 12(1) of the Rent Control Act is maintainable in an appeal against an order passed under Section 12(3), confirming tenant obligations for rent during eviction proceedings....
An application under Section 12(1) of the Rent Control Act is maintainable in appeals against orders under Section 12(3), overruling previous decisions that restricted its applicability.
Arrears of rent - In order to contest an application for eviction before the Rent Control Court or to prefer an appeal under Section 18 of the Act against any order made on such application, such a t....
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
Point of Law : Only thing is that the opportunity to be afforded to the tenant to show sufficient cause with respect to the failure to pay or deposit rent, as directed in Section 12(1) and (2), withi....
Point of law: Power of superintendence conferred upon the High Court under Article 227 of the Constitution of India over all courts and Tribunals throughout the territory of the State is both of admi....
When Section 8(1) of the Act is not in Statute book, as it was declared ultra vires, a tenant is entitled to contend that the landlord is not entitled to retain the advance in excess of one month's r....
Point of Law : Object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability.
Tenant obligations under rent control law enforce stringent compliance with payment of rent as a prerequisite for contesting eviction.
Point of Law - Appellate Authority held that the finding of the Rent Control Court that the rent agreed by the landlord and tenant is by mutual consent cannot be sustained
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