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2026 Supreme(Online)(Ker) 14505

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
FAISAL AGED 46 YEARS S/O.THAYYIL MUHAMMED, PANNIYANKARA AMSOM THIRUVANNOOR DESOM, KOZHIKKODE TALUK – Appellant
Versus
MUHAMMED MUSTHAFA, S/O.POOLAKKANNI MUHAMMED, REPRESENTED BY POWER OF ATTORNEY HOLDER, OTHUPALLIKKAL AHAMMED KUTTY, AGED 67 YEARS, S/O.KUNJALAN HAJI, OTHUPALLIKKAL HOUSE, PULPATTA AMSOM, MUTHANOOR DESOM – Respondent
RCREV. NO. 145 OF 2025 | RCA NO.21 OF 2024 | RCP NO.2 OF 2024



Advocates:
For the Appellants/Petitioners: N. Sasi, Rasmi Nair T.
For the Respondents: R. Rajesh Kormath

Court affirmed that the landlord-tenant relationship persisted despite a sale agreement during the tenancy, emphasizing the obligation to pay rent.

Headnote:The judgment addresses a landlord-tenant relationship arising from an agreement for sale during an ongoing tenancy, referencing the Kerala Buildings (Lease and Rent Control) Act, 1965. The court concluded that the landlord-tenant relationship remained intact, with the petitioner ordered to pay arrears of rent. The ratio decidendi emphasized the appellant's conduct indicating reluctance to complete the sale. The final ruling affirmed the previous order without interference.

Table of Content
1. engaged counsel's argument regarding landlord and tenant rights. (Para 1)
2. landlord-tenant relationship and obligations persist despite sale agreement. (Para 2 , 4)
3. court's decision to uphold previous orders regarding payments and eviction. (Para 3 , 5 , 6)

JUDGMENT

Dated this the 24th day of February, 2026 Soumen Sen , C.J .

We have heard Mr. N. Sasi, learned counsel for the peti-

tioner and Mr. Rajesh R. Kormath, learned counsel for the re-

spondent.

2. This revision is arising out of an order passed by the Rent Control Appellate Authority on 10.04.2025 in R.C.A. No.21 of 2024, which in turn arose from an order passed by the Rent Control Court, Manjeri in R.C.P. No.2 of 2024. The issue consid- ered in the appeal was whether a landlord-tenant relationship subsists between the parties, having regard to an agreement for sale executed during the continuance of such relationship. In- terestingly, the appellant has filed a suit for return of the sale consideration, which itself indicates that the petitioner is not willing to have the property conveyed in his favour under the agreement for sale. This conduct demonstrates that there was no transformation of the pre-existing landlord-tenant relation-

ship.

3. The issue with regard to the landlord and tenant was con- sidered in the earlier round of litigation in a proceeding under Section 12 of the Kerala Buildings (Lease and Rent Control) Act , 1965. The learned counsel for the landlord–respondent has placed reliance on the order passed in the eviction proceedings in R.C.P. No. 2 of 2024, wherein the very same issue came up for consideration. The learned Rent Control Court, Manjeri, after adverting to the agreement in question, held that the petitioner ₹

is liable to pay monthly rent at the rate of 25,000/- per month as evidenced by Ext. A1. Consequently, the present petitioner ₹

was directed to deposit a sum of 7,25,000/- towards arrears of rent, subject to other consequential adjustments.

4. It is pointed out that the application for review of the said order was dismissed on 17.07.2025 and that no appeal has been preferred against the original order dated 29.05.2025. It further appears that, on 17.07.2025, an order was passed di- recting the respondent to put the petitioner in possession of the petition schedule building, in view of the failure on the part of the present petitioner to deposit the admitted arrears of rent as directed in I.A. No. 3 of 2024.

5. In view of the aforesaid, we are not inclined to interfere with the order passed by the Rent Control Appellate Authority on 10.04.2025. The Trial Court Records shall be returned forth-

with.

6. The revision petition is disposed of.

Sd/-

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