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2025 Supreme(Online)(Ker) 55809
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
HARI – Appellant
Versus
JOY – Respondent
OP (RC) NO. 216 OF 2025
For the Appellants/Petitioners: Sri.K.A.Manzoor Ali, Shri.Siyadudeen K.A., Smt.Meharunnisa Najeeb, Smt.Sruthy Saijo
For the Respondents: Not stated
A sub-tenant is bound by eviction orders against the tenant in rental disputes.
Headnote:The judgment relates to an Original Petition concerning a sub-tenant's claim petition in execution proceedings under the Kerala Buildings (Lease and Rent Control) Act, 1965. The Rent Controller's decision to stop proceedings due to non-payment of rent and order eviction against the tenant remained undisturbed as the sub-tenant is bound by this order. The final court decision upheld that there was no interference warranted in the lower court decision.
A.Muhamed Mustaque, J.
The sub-tenant, who was not made a party to the Rent Control Petition, filed a claim petition in the execution court. In that proceedings, he also filed an application to appoint an Advocate Commissioner, which has been dismissed. It is to be noted that the Rent Controller stopped the proceedings consequent upon the non- payment of arrears of rent and passed an order under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'), putting the landlord in possession. The Rent Controller rightly held that the sub-tenant is also bound by the order of eviction passed against the tenant.
We find no scope for interference in this matter. This Original Petition stands dismissed.
