A tenant cannot invoke protection under unregistered agreements; they must comply with statutory registration requirements.

A.Muhamed Mustaque, J.

The tenant is the revision petitioner. He was unsuccessful in resisting the claim under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the”Act”), for bona fide need projected for occupation of the son of the landlady. The tenant runs a workshop. He raised a claim that he was put in possession pursuant to an agreement of sale. Both the Rent Controller and the Appellate Authority found that it was an unregistered agreement, and the sale never fructified. Ext.A3 produced in RC(OP) No.2/2010 is the rent agreement. The existence of such a valid rent agreement is not under dispute.

2. The tenant failed to establish that he is entitled to protection under second proviso to Section 11 (3) of the Act. That being the case, the findings of facts rendered by the Rent Controller and the Appellate Authority do not warrant interference.

3. The tenant’s plea based on Section 53 A of the Transfer of Property Act, 1882 has been turned down for the reason that it is not a registered document. As mandated under Section 17 (1A) of the Registration Act, 1908 such an agreement requires compulsory registration. Hence, we find no reason to interfere with the impugned judgment and order. The revision petition is dismissed. However, we grant time upto 31/05/2026 to the revision petitioner to surrender vacant possession of the tenanted premises to the landlady on the following conditions:

(i) The tenant shall file an affidavit before the Rent Control Court or the Execution Court, as the case may be, within one week from today, expressing an unconditional undertaking that he will surrender vacant possession of the petition-scheduled shop room to the landlady on or before 31/05/2026 and that, the tenant shall not induct third parties into possession of the petition-scheduled shop room.

(ii) The tenant shall deposit the entire arrears of rent as on date, if any, before the Rent Control Court or the Execution Court, as the case may be, on or before 05/01/2026, and shall continue to pay rent for every succeeding month, without any default;

(iii) Needless to say, failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the petition-scheduled shop room will stand cancelled automatically, and the landlady will be at liberty to proceed with the execution of the order of eviction.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-