Court confirms the eviction of a tenant for non-payment of rent as substantiated by concurrent findings.

Dr. A.K.Jayasankaran Nambiar, J.

This Rent Control Revision impugns the judgment dated 18.11.2025 of the Rent Control Appellate Authority, Alappuzha, in RCA No.9 of 2025. Although various contentions are raised by the learned counsel for the revision petitioner, we find that the Appellate Authority had confirmed the order of the Rent Controller directing eviction of the petitioner-tenant in terms of Section

11(2)(b) of the Rent Control Act for non-payment of rent.

2. On a perusal of the order of the Appellate Authority, we find that the order of the Rent Controller, as also that of the Appellate Authority, proceeds on the basis that the petitioner-tenant was not able to substantiate his contention that there had been a payment of rent and that the contention regarding non-payment of rent was factually erroneous. Under such circumstances, we find no reason to interfere with the impugned order of the Appellate Authority, and in view of the concurrent findings rendered by the Rent Controller and the Appellate Authority, we dismiss the revision petition.

The learned counsel for the respondent-landlord would submit that in the instant case, the execution petition filed for execution of the order of the Rent Controller has resulted in an order dated 01.12.2025, whereby the execution court found that the delivery is effected and decree is fully satisfied. Taking note of the said submission and particularly in view of the fact that no order has been produced before us, while dismissing this Revision Petition we make it clear that if delivery is not effected and possession of the building is not taken over by the landlord till date pursuant to the execution of the eviction order, the tenant shall give vacant possession of the shop to the landlord within a period of 15 days from today.

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