The court upheld the original lease agreement as the basis for landlord-tenant relations despite disputes over a subsequent rent deed.

The judgment of affirmation in a rent control proceedings is the subject matter challenged in this revision petition. The petitioner in this revision petition is a tenant. In a proceedings initiated for realisation of arrears of rent and for eviction on the bonafide requirement of the suit premises, the Rent Control Court, Chalakudy allowed the Rent Control Petition, R.C.P.No.5 of 2023 and returned a finding with regard to the landlord and tenant relationship and the other issues are still pending. Presently, we are considering an order passed by the Rent Control Appellate Tribunal against the order dated 11.07.2025 passed by the Rent Control Court in I.A.No.4 of 2024 in R.C.P.No.5 of 2023.

2. The learned counsel for the petitioner/tenant has strenuously argued that there has been a novation of contract by reason of the petitioner being permitted to reconstruct the dilapidated building utilising his own funds and thereby the landlord cannot rely and fall back on the registered lease deed.

3. The learned counsel for the landlord, however, has contended that a rent deed was executed on 10.08.2015 subsequent to the reconstruction of the dilapidated structure and the respondent is liable to pay the rent at the rate of Rs.2,60,000/- per month on or before 10^th of every month. The revision petitioner has denied the existence of and the execution of the rent deed dated 10.08.2015. The question then arises as to what is the nature of the occupation of the respondent vis-a-vis the premises in question. In the absence of any contrary evidence to show that there has been any novation of contract or there has been any subsequent deed altering the terms of the registered deed of lease, the relationship prima facie should be based on the registered deed of lease which shows that the relationship between the parties are of landlord and tenant.

4. In view thereof, we do not find any reason to interfere with the order passed by the Rent Control Court. However, having regard to the fact that the rent deed dated 10.08.2015 is yet to be considered in the proceedings that is still pending, for the time being the petitioner shall continue to pay rent in terms of the registered deed of lease bearing No.3973/2013 till the disposal of R.C.P.No.5 of 2023. On a clear finding being arrived at with regard to the existence of the rent deed purported to have been executed on 10.08.2015, the occupational charges may be revised and determined in the pending proceedings.

5. It is needless to mention that the arrears, if any, payable under the registered lease deed should be cleared within a period of four weeks from date, in default, the impugned order shall stand revived. In the event the said amount is paid, no further proceedings shall be initiated on the ground of any default in complying with the order dated 23.01.2026. The impugned order shall unconditionally remain stayed for a period of four weeks and shall stand confirmed in the event it is complied with in the meantime. The revision application succeeds in part and is disposed of.

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