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HIGH COURT OF KERALA
PIUS C.KURIAKOSE, N.K.BALAKRISHNAN, JJ
ANILKUMAR – Appellant
Versus
K R HONEY – Respondent
RENT CONTROL REVISION 395/2010
Eviction - Tenant Rights - Act 2 of 1965 - Sections 11(4)(v), 20 - The court upheld the eviction order based on the tenant's continuous absence from the property for over six months, clarifying that such absence constituted grounds for eviction regardless of subsequent changes in landlord ownership.
Fact of the Case:
The tenant was evicted for ceasing to occupy the rented building for over six months. The tenant contested the eviction based on a sale of the property by the landlord, claiming the eviction was now invalid.
Finding of the Court:
The court confirmed that the tenant had indeed ceased to occupy the building continuously for more than six months, establishing the grounds for eviction under the relevant statutory provision.
Issues: Whether the sale of the property by the landlord affects the validity of the eviction order under the Tenant Act.
Ratio Decidendi: The tenant's liability for eviction under Section 11(4)(v) exists independently of the landlord's ownership status after the fact of non-occupation is established.
Final Decision: The revision petition is dismissed.
Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:
The tenant's failure to occupy a rented building for a continuous period of over six months constitutes valid grounds for eviction under the relevant statutory provisions, regardless of subsequent changes in ownership of the property. The court upheld the eviction order based on this ground, confirming that such non-occupancy is sufficient for eviction proceedings (!) (!) .
The eviction was initiated due to the tenant ceasing to occupy the building for more than six months, which was supported by evidence including a commission report and testimony from witnesses. The authorities found that the tenant had not used the premises for the requisite period and had disconnected utilities, reinforcing the grounds for eviction (!) .
The tenant contested the eviction on the basis that the landlord had sold the property prior to the eviction order, arguing that this sale affected the landlord's standing and the validity of the eviction proceedings. However, the courts found that the sale was a subsequent event that did not affect the existing liability for eviction, as the original eviction was based on the tenant's non-occupation, which was established independently of the landlord's ownership status at the time of the order (!) (!) (!) .
The courts noted that the parties recognized each other as landlord and tenant even after the sale, evidenced by the tenant's acknowledgment in related proceedings and ongoing rent payments. This mutual recognition indicated that the original landlord-tenant relationship persisted despite the change in ownership (!) .
The argument that the sale of the building would dissolve the eviction order was rejected because the eviction was based on the tenant's non-occupancy, a liability that does not depend on the continued ownership of the property. The sale did not alter the tenant's liability to vacate under the statutory provisions (!) .
The sale deed produced by the landlord did not pertain to the property in question; it related to a different building with a different municipal number and features. Therefore, reliance on this sale deed to challenge the eviction was deemed invalid (!) .
Ultimately, the revision petition was dismissed, affirming that the eviction order based on non-occupation was valid and that subsequent sale of the property did not impact the legality of the eviction proceedings (!) .
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O R D E R
Pius C.Kuriakose, J.
Under challenge in this revision filed by the tenant under Section 20 of Act 2 of 1965 is the judgment of the Rent Control Appellate Authority confirming the order of eviction which was passed against him by the Rent Control Court on the ground of cessation of occupation under Section 11(4)(v) of Act 2 of 1965 .
2. The building in question was let out to the revision petitioner for conducting repair works of electronics and electrical goods. It was alleged in the rent control petition that the tenant had ceased to occupy the building continuously for more than six months prior to the filing of the rent control petition and that even the electricity connection to the building had been disconnected by the Electricity Board due to non payment . The revision petitioner tenant through his statement of objections strongly disputed the existence of the eviction RCR.No.395/2010 2 ground. Significantly, he did not raise a contention that it was due to any reasonable cause that he had ceased to occupy the building. The evidence before the Rent Control Court consisted of Exts.A1 & A2, Exts.B1 to B4 and Exts. C1 & C1(a) and oral evidence of PWs 1 to 3 and CPW 1 & 2. PW3 was Adv.Ambili C.Joseph, who submitted Ext.C1 commission report and C1(a) sketch. PW2 was a neighbouring shop keeper who gave evidence to the effect that the building in question had not been occupied at all by the tenant for more than six months prior to the filing of the rent control petition. Ext.C1 report was clearly to the effect that the building in question had not been used for much more than six months continuously by the tenant. The learned Rent Control Court on evaluating the evidence came to the conclusion that eviction ground under section 11(4)(v) stood established in the case and accordingly ordered eviction.
3. As soon as the order of eviction was passed, the tenant filed a petition seeking review of that order as I.A. No.3752/2007. It was averred in this I.A.that even before the rent control court passed the order of eviction, the landlord had sold off the entirety of his rights in the petition schedule building RCR.No.395/2010 3 to one Smt.Prabha Kuruvila by virtue of sale deed No.3639/2006 of Sub Registry, Kottayam. It was contended through the review petition that the landlord had ceased to be a landlord and the order of eviction so passed was liable to be reviewed. The main contention was that the sale of the building by the landlord in favour of Smt.Prabha Kuruvila was a subsequent event which fundamentally affects the landlord's right to maintain the rent control petition itself. The learned Rent Control Court did not become inclined to allow the review petition.
4. The tenant preferred appeal to the Rent Control Appellate Authority. Before the Appellate Authority also, it was urged that on account of the subsequent event of the landlord selling off the building , the rent control petition had become not maintainable and the order of eviction is liable to be set aside. The learned Appellate Authority made a reappraisal of the evidence and concurred with all the factual findings entered by the Rent Control Court. That authority was also not impressed by the contention that on account of the subsequent sale, the rent control petition had become not maintainable. According to the Appellate Authority, there was no acceptable evidence on the RCR.No.395/2010 4 basis of which it could be held that the building in question had been sold away by the landlord.
5. In the revision under Section 20 , various grounds have been raised assailing the judgment of the Appellate Authority and Sri.Alex M.Scaria, learned counsel for the revision petitioner addressed arguments before us on the basis of all those grounds. We have considered those arguments. We have gone through the judgment of the learned Appellate Authority as well as the order of the Rent Control Court. We have kept in mind the statutory provision (Section 11(4)(v)) as well as
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