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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
LEKSHMI R NAIR – Appellant
Versus
KARUNAIKUMAR C.M – Respondent
| Table of Content |
|---|
| 1. factual background of the eviction case. (Para 2) |
| 2. parties' arguments on tenancy status. (Para 4 , 5) |
| 3. court's analysis on representation and tenancy. (Para 8 , 10 , 11) |
| 4. court's key findings on legal standing. (Para 9 , 12 , 16 , 17) |
| 5. final conclusion and order on the appeal. (Para 18) |
JUDGMENT
Appellant, faced with eviction proceedings under the Rent Control Proceedings, resisted the eviction by filing a claim petition under Order XXI Rule 99 of the Code of Civil Procedure , 1908 (CPC). The obstruction was raised by the claim petitioner/appellant on the ground that the decree in R.C.P No.38/2020, is not binding upon it.
2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The appellant/claim petitioner is a co-operative society represented by the Secretary. The 2nd respondent entered into an agreement on 01.10.2018 with the 1st respondent – landlord, seeking to take the petition schedule building on a monthly rent for the purpose of running the co- operative society. In the agreement itself, it is specifically mentioned that the rent due in respect of the petition schedule building shall be paid by the co-operative society. It appe
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