The definition of 'tenant' under the Kerala Building (Lease and Rent Control) Act clarifies legal obligations, allowing the representation of partnership in lease disputes.

A.Muhamed Mustaque, J.

The landlord in this revision questions an order of remand passed by the Rent Control Appellate Authority. In the Rent Control Petition, the tenant, Mr.Muhammed Hisham, was made a party in his personal capacity. He raised a contention that the tenancy was for the firm and therefore, the entire partnership firm ought to have been impleaded. The Rent Controller overruled the objection and passed an order of eviction under Section 11(2)(a)(b) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’). This was appealed by the tenant. The Rent Control Appellate Authority, noting that the landlord had not impleaded the partnership firm, remanded the matter for fresh disposal, giving an opportunity to the landlord to implead the parties and to adduce evidence. This order is questioned in this revision. We find that the order of the Appellate Authority is legally unsustainable, as ‘tenant’ is defined under the Act as a person by whom or on whose account rent is payable. There is no dispute that Mr.Muhammed Hisham represented the firm in the lease deed. If that be so, he is the only person, as far as the landlord is concerned, who has a legal obligation to pay the rent. The impleadment of Mr.Muhammed Hisham is sufficient to contest the matter. Accordingly, we remand back the matter. The parties shall appear before the Appellate Authority on 18.01.2025 and on that day the Appellate Authority shall refer both the parties for mediation. The matter be included in the Campaign ‘Mediation for the Nation’. We also note the argument of the learned counsel for the tenant that the lease deed is insufficiently stamped. Of course, this is a matter that can be considered if the parties reach a settlement in the mediation. We leave open that issue. The learned senior counsel submits that the tenant has already paid the rent arrears up to June, 2025, this submission is recorded.

Accordingly, the rent control revision petition is disposed of.