High Court Kerala High Court

T.K.Bhaskaran vs Parakkandy Thaha Aged 50 Years on 6 April, 2010

Kerala High Court
T.K.Bhaskaran vs Parakkandy Thaha Aged 50 Years on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 72 of 2010()


1. T.K.BHASKARAN, AGED 73 YEARS,
                      ...  Petitioner

                        Vs



1. PARAKKANDY THAHA AGED 50 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.V.R.KESAVA KAIMAL

                For Respondent  :SRI.V.PREMCHAND

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

 Dated :06/04/2010

 O R D E R
      PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ.
            ------------------------------------------
                  RCR. No. 72 & 73 of 2010
           -------------------------------------------
            Dated this the 6th day of April, 2010

                           O R D E R

Pius C. Kuriakose, J.

Under challenge in these revision petitions filed by two

tenants in possession of two rooms in a larger building

belonging to the respondent Sri. Thaha is the judgment of

the Rent Control Appellate Authority remanding the rent

control petitions to the Rent Control Court. Eviction was

sought on the ground of reconstruction under section 11(4)

(iv). The Rent Control Court dismissed the rent control

petition on various reasons. The Appellate Authority made a

thorough reappraisal of the evidence and formulated the

following points as points arising for decision in the appeal.

1. Whether the landlord bonafide requires re-
construction of the petition schedule building

2. Whether the landlord has satisfied the court that he
has the ability to rebuild the building as proposed by
him?

3. Whether IA. Nos. 1562/07, 909/08 and 1608/09 are

RC R. 72 & 73 of 2010

– 2 –

allowable?

4. Whether the order of the Rent Control Court requires
interference?

5. Whether the landlord is entitled to eviction u/s. 11
(4)(iv) of the Act?

On the basis of the appreciation of the evidence on record

the Appellate Authority answered point No.1 in favour of the

landlord and found that the condition of the building is such

that the same requires reconstruction. But as regards point

No.2 whether the landlord has the ability to reconstruct the

Appellate Authority found that the evidence presently

available falls short of holding that the landlord has proved

his ability to carry out the reconstruction. The point No.3

considered was regarding one interlocutory application filed

by the tenant and two interlocutory applications filed by the

landlord. The tenant revision petitioner through I.A.1562/07

wanted the Appellate Authority to accept the certified copy

of the order in RCP No. 117 of 2008 passed by the Rent

RC R. 72 & 73 of 2010

– 3 –

Control Court during the pendency of the appeal. IA. Nos.

909/08 and 1608/09 were filed by the landlord for the

reception of certain documents which will prove that the

landlord has the financial ability to carry out the

reconstruction. The Rent Control Appellate Authority

dismissed both these three applications. Point Nos. 4 and 5

were answered by the Appellate Authority by setting aside

the order of the Rent Control Court and passing an order of

remand to the Rent Control Court for considering the

question whether the landlord has the ability to carry out the

reconstruction.

2. In these revisions identical grounds challenging the

judgment of the Appellate Authority have been raised and

we have heard the submissions of Sri.VRK Kaimal, learned

counsel for the petitioner and those of Sri.V.Premchand,

learned counsel for the respondent landlord. Even though

Mr. Kaimal addressed arguments on all the grounds raised in

the memorandum of revision he would lastly request that we

RC R. 72 & 73 of 2010

– 4 –

enlarge the scope of the order of remand passed by the

Appellate Authority making the order an open remand so

that the Rent Control Court can decide all relevant points

arising in the case afresh after giving opportunity to both

sides to adduce whatever further evidence they want to.

The above request is opposed by Mr. Premchand.

Petitioners are aggrieved by the order dismissing

IA.1562/07. According to them, the certified copy of the

order in RCP No. 117/08 has considerable implication. The

landlord’s wife who was examined as PW-1 in that RCP

confessed that she and her husband have no intention

whatsoever to reconstruct the building in question. By

dismissing the IA the Appellate Authority shut out a very

vital piece of evidence. The submissions of Mr.Kaimal were

resisted by Mr.Premchand. Mr. Premmchand also however,

submitted that the landlord is aggrieved by the order of the

Appellate Authority dismissing the two IAs filed by him. We

have very anxiously considered the rival submissions

RC R. 72 & 73 of 2010

– 5 –

addressed at the Bar. We have scanned the judgment of the

Rent Control Appellate Authority.

3. We are not inclined to leave all the relevant issues in

the case open to be decided afresh by the Rent Control

Court. According to us, the finding of the Appellate

Authority under point No.1 raised by that authority that the

building in question requires reconstruction is a correct

finding based on evidence. The building, going by the

Commissioner’s Report is one in which dilapidation has set

in. The building is situated in a commercially very important

area of Kannur Muicipal Town. That being so, we are of the

considered opinion that there is no warrant for interfering

with the Appellate Authority’s finding under point No.1

formulated in its judgment. We do not think that the

landlord can have any legitimate grievance against the

Appellate Authority’s order dismissing IA Nos. 909/08 and

1608/09. Even though those IAs by which the landlord

sought reception of documents which will prove the

RC R. 72 & 73 of 2010

– 6 –

landlord’s ability were dismissed since the question of ability

has been left open to be decided by the Rent Control Court

the Rent Control Court will certainly permit the landlord to

produce the document which the landlord wanted to produce

before the Appellate Authority. But it appears to us that

there are elements of genuineness in the grievance of the

revision petitioners that IA. No. 1562/07 has been dismissed

without giving opportunity to the revision petitioners for

producing documents before the Rent Control Court.

4. We feel that the implications of the order in

RCP.117/08 which was sought to be produced by the

revision petitioners is also an aspect to be considered by the

Rent Control Court. We are therefore of the view that the

impugned judgment of the Appellate Authority warrants

modification to the extent of permitting the revision

petitioners tenants to produce the certified copy of the order

in RCP No. 117/08 also as an additional item of evidence in

the RCP. To that extent the scope of the remand order

RC R. 72 & 73 of 2010

– 7 –

passed by the Appellate Authority will stand enlarged. In all

other respects findings of the Appellate Authority will stand

confirmed. That is to say that the issues to be decided by

the Rent Control Court are: (1) the ability of the landlord to

carry out reconstruction (2) the possibility of the landlord to

re-induct all the evicted tenants in terms of the third proviso

to Section 11 (4)(iv) after reconstruction and (3) the

implications of the order in RCP No.117 of 2008 on the

landlord’s entitlement to get eviction order under Section 11

(4)(iv).

RCRs. Are disposed of as above.

PIUS C.KURIAKOSE, JUDGE

C.K. ABDUL REHIM, JUDGE
ksv/-