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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


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

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–responde

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