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2026 Supreme(Online)(Ker) 13699

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
PRAKASAN C.K. – Appellant
Versus
BRIJILA T.P – Respondent
OP (RC) NO. 246 OF 2025



Advocates:
For the Appellants/Petitioners: DR.V.N.SANKARJEE, SHRI.V.N.MADHUSUDANAN, SMT.R.UDAYA JYOTHI, SMT. KEERTHI B. CHANDRAN, SHRI.VIJAYAN PILLAI P.K., SMT.SHILPA P.S., SHRI.UNNIKRISHNAN H., SMT.SHRIYA MERLIN MAXWELL
For the Respondents: SHRI.V.V.SURENDRAN, SRI.P.A.HARISH, SMT.APOORVA RAMKUMAR

The court clarified landlord-tenant relationships and procedural requirements in rent control appeals, emphasizing expeditious resolutions without undue financial barriers.

Headnote:The judgment dealt with an appeal concerning the landlord-tenant relationship in a rent control case. The court emphasized the need to determine the landlord status without mandating the deposit of rents, given no proceedings had occurred post-property sale. The conclusion instructed the Appellate Authority to expedite its decision-making.

Result: The OP(RC) is disposed of.

Table of Content
1. landlord-tenant relationship and conditions for appeal (Para 2 , 3)
2. expedited decisions in rent control authority (Para 4)

JUDGMENT SOUMEN SEN, C.J .

Heard Ms. Keerthi B. Chandran, learned counsel for the petitioner and Mr. V.V. Surendran, learned counsel for respondent No.1.

2. This revision is arising out an order passed by the Rent Control Appellate Authority in an appeal preferred by the tenant, in which the Appellate Authority found that there are prima facie materials in favour of the appellants to get stay of further proceedings. However, it was observed that further proceedings would be stayed only on condition of deposit of admitted arrears of rent.

3. The facts reveal that the present petitioner in the RCP is not the owner of the property, as she has sold the property to a third party, and no proceedings have been initiated by the present owner against the respondent for arrears of rent or for any other relief. The issue of maintainability raised by the petitioner cannot be brushed aside. Under such circumstances, we direct the Rent Control Appellate Authority to decide the issue of landlord-tenant relationship in the appeal, without insisting on the deposit of the admitted arrears of rent. However, we place it on record that the tenant in the proceedings has admitted that a sum of Rs.1,27,500/- per month was paid as rent to the present respondent up to 31.12.2019, and thereafter denied the existence of a landlord-tenant relationship, having regard to the fact that the present owner of the property has not initiated any proceedings against the respondent.

4. The Appellate Authority is directed to dispose of the appeal as expeditiously as possible.

5. The OP(RC) is accordingly disposed of.

Sd/-

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