High Court Kerala High Court

Thekke Thayyallathil Abdulla … vs Chandran on 24 February, 2009

Kerala High Court
Thekke Thayyallathil Abdulla … vs Chandran on 24 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 425 of 2005()


1. THEKKE THAYYALLATHIL ABDULLA HAJI,
                      ...  Petitioner

                        Vs



1. CHANDRAN, KULANGARA VEETTIL,
                       ...       Respondent

                For Petitioner  :SRI.G.UNNIKRISHNON

                For Respondent  :SRI.MOHANAN V.T.K.

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :24/02/2009

 O R D E R
         PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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                           R.C.R.No.425 OF 2005
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                 Dated this the 24th day of February, 2009

                                    ORDER

Pius.C.Kuriakose, J.

Strenuous and persuasive submissions of Sri.Saneesh Kumar,

learned counsel for the revision petitioner notwithstanding, we are

unable to find any illegality, irregularity or infirmity tainting the orders

concurrently passed by the rent control court and the appellate

authority declining eviction on the ground under Section 11(3). As

rightly noticed by the rent control court and the appellate authority, the

pleaded case was that PW1- the landlord needs the building for

occupation by PW2, the son- defacto claimant and that the studies of

PW2, the son had come to an end and that he was going about in search

of an avocation. As noticed by the authorities below, the father’s

evidence was to the effect that the son was doing his first year degree

while the son would swear that he never joined for degree course in

the college. When bonafides of a claim and need under Section 11(2)

is sought to be established by adduction of oral evidence, it is the

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credibility of the witnesses which matters. The rent control court

which had the advantage of seeing the witnesses- father and the son

and record their testimonies felt that PW2 the defacto claimant was

examined in the teeth of the truth that was spoken to by PW1. The

appellate authority on a re-appreciation of the evidence also concured

with the rent control court.

We do not find any warrant for interference under Section 20 of

Act 2 of 1965. We confirm the orders passed by the rent control court

and the appellate authority and dismiss the revision petition. But we

make it clear that those orders and our judgment confirming them will

not stand in the way of the petitioner/landlord from filing application

for eviction on the ground under Section 11(3) or any other available

ground on the basis of the circumstances which obtain now. In other

words, the bar of Section 15 will not prevent the petitioner/landlord

from filing fresh rent control petition. We are informed that the order

of eviction passed by the rent control appellate authority has now been

got vacated by making requisite deposits and filing necessary

application under Section 11(2)(c). But the learned counsel for the

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revision petitioner complains that the respondent/tenant had not

discharged the rent which fell due subsequent to the filing of the rent

control appeal. Considering the above submission of the learned

counsel, even as we dismiss the revision petition, we direct the

respondent to pay the entire rent which fell due in respect of the

petition schedule building after the institution of the rent control appeal

less any amount already paid to the revision petitioner either directly or

through his counsel in this court within one month from today.

PIUS.C.KURIAKOSE
JUDGE

C.K.ABDUL REHIM
JUDGE

sv.

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