The Rent Controller can entertain eviction petitions filed under Section 11(4)(v) even if the landlord's previous transfer is within one year, provided ownership disputes are minimal.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 16^TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947 OP (RC) NO. 146 OF 2025 RCA NO.8 OF 2025 OF DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY, KASARAGOD RCP NO.14 OF 2024 OF PRINCIPAL MUNSIFF, KASARAGOD PETITIONER/PETITIONER :

JOY GEORGE AGED 59 YEARS S/O.MATHEW VARKEY, R/AT VATTAMALAYIL, PMS.ROAD, NULLIPPADY, KASARAGOD VILLAGE, KASARAGOD TALUK AND DISTRICT, PIN - 671121 BY ADVS.

SRI.A.ARUNKUMAR SRI.S.SHYAM KUMAR SHRI.SACHIN GEORGE ARAMBAN SMT.NESILI NAZEER SHRI.M.SASINDRAN RESPONDENT/RESPONDENT :

SHANAVAS.B.H, AGED 32 YEARS S/O.HASSAINAR, R/AT ATHAR MANZIL, KOTTIKKULAM VILLAGE, P.O.BEKAL, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671318 BY ADVS.

SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SMT.AISWARYA MOHAN SMT.CHITRA JOHNSON SMT.MEERA P.

THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON

16.12.2025, ALONG WITH RCRev..171/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 16^TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947 RCREV. NO. 171 OF 2025 AGAINST THE JUDGMENT DATED 18.06.2025 IN RCA NO.8 OF

2025 OF DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY, KASARAGOD ARISING OUT OF THE ORDER DATED 04.02.2025 IN RCP NO.14 OF 2024 OF RENT CONTROL (PRINCIPAL MUNSIFF) COURT, KASARAGOD REVISION PETITIONER/APPELLANT IN RCA/RESPONDENT IN RCP :

SHANAVAS B.H. AGED 32 YEARS S/O HASSAINAR, ATHAR MANZIL, KOTTIKULAM VILLAGE, BEKAL P.O., HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671318 BY ADVS.

SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SMT.MEERA P.

RESPONDENT/RESPONDENT IN RCA/PETITIONER IN RCP :

JOY GEORGE AGED 53 YEARS S/O MATHEW VARKEY, VATTAMALAYIL, PMS ROAD, NULLIPPADY, KASARAGOD VILLAGE, KASARAGOD DISTRICT, PIN - 671121 BY ADVS.

SHRI.M.SASINDRAN SRI.A.ARUNKUMAR THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 16.12.2025, ALONG WITH OP (RC).146/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

A.Muhamed Mustaque, J.

O.P.(RC)No.146 of 2025 was filed by the landlord, and RCRev. No.171 of 2025 was filed by the tenant, both challenging the very same order of the Rent Control Appellate Authority. These proceedings arise under Section 12 (1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The order passed under (1) of the Act was challenged by the tenant before the Appellate Authority. The Appellate Authority noted that the tenant had disputed the ownership of the building and, therefore, remanded back the matter to the Rent Controller. Challenging the said order of remand, the landlord filed OP(RC). The very same order is also under challenge at the instance of the tenant.

2. The case of the landlord is that the tenant had agreed to surrender the building. This claim is disputed by the tenant. The landlord filed an eviction petition under Section 11 (3) and 11(4)(v) of the Act. The tenant took up the plea that petition under (3) of the Act was not maintainable, as it was hit by the third proviso to (3) of the Act. It is submitted that the landlord cannot initiate an eviction petition under (3) of the Act within one year of the transfer made by the previous landlord.

3. We find force in this argument, and it is a matter to be considered by the Rent Controller. However, we note that the landlord has also filed the eviction petition under Section 11 (4)(v) of the Act. There is no bar under law against a landlord, who has recently become the landlord from insti