High Court Kerala High Court

Paikkat Basheer vs Mepponttil Raman on 18 January, 2011

Kerala High Court
Paikkat Basheer vs Mepponttil Raman on 18 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 422 of 2006()


1. PAIKKAT BASHEER, KARANNUR AMSOM DESOM,
                      ...  Petitioner

                        Vs



1. MEPPONTTIL RAMAN,
                       ...       Respondent

                For Petitioner  :SRI.A.SUDHI VASUDEVAN

                For Respondent  :SRI.V.V.SURENDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :18/01/2011

 O R D E R
  PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                     ------------------------
                    R.C.R.No. 422 OF 2006
                     ------------------------

            Dated this the 18th day of January, 2011

                           O R D E R

Pius C.Kuriakose, J.

Our order dated 14/1/2011 is suo motu recalled.

2. Sri.Sudhi Vasudevan, learned counsel for the revision

petitioner/landlord submitted that the statutory authorities

erred in not appreciating the commission report properly. The

learned counsel pointed out that even the wooden shutters of

the petition schedule building had collection of cobwebs on the

same. This, according to him, is a strong circumstance showing

that the building has not been opened at all. The learned

counsel argued that non examination of the landlord himself is

not fatal to the present case where the court is not called upon

to examine the bona fides of the claim. The landlord had taken

out a commission who found that the building was closed at the

time of inspection. Thus, the initial burden on the part of the

landlord to show that there was cessation of occupation was

clearly discharged . As 3against this, it was the tenant’s burden

RCR.No.422/2006 2

to adduce quality evidence and show that the building was

continuously being occupied by him. Mere presence of hay and

some earthen pots will not show that the building is under

occupation. The learned counsel referred to decisions in

support of his submissions. Mr.Sudhi Vasudavan highlighted that

the rent was in arrears continuously for several years and

according to him, this is yet another circumstance which shows

that there was cessation of occupation. The above circumstance

was also not given due weight by the learned authorities under

the statute.

3. Resisting the submissions of Mr.Sudhi Vasudavan,

Sri.P.A.Harish learned counsel for the tenant, would highlight

that though the landlord had invoked two grounds to evict the

tenant, the ground of arrears of rent was not one among them.

It is on the basis of a family partition deed that the present

landlord claims landlordship. The contention of the tenant was

that rent was being paid even earlier to the execution of the

alleged partition deed to the brother of the present landlord.

The landlord himself knew that rent was being paid to his

brother and this was why the landlord did not invoke Section 11

RCR.No.422/2006 3

(2)(b) as a ground for eviction. As regards the presence of

cobwebs on the wooden shutters, Mr.Harish submitted that in

the nature of the building and the business carried on therein, the

tenant was not in the habit of removing all the wooden

shutters and he removed only one or two shutters so as to

facilitate removal of goods therefrom. It is only natural that in

a premise where business is being conducted in hay and earthen

pots, there is collection of cobwebs. Mr.Harish would remind us

of the attenuated nature of the jurisdiction under Section 20 and

submit that this court will not be justified in upsetting the

finding of the statutory authorities which is a reasonable one

founded on evidence.

4. As directed by us, both sides addressed arguments as

to how much rent the building will fetch if the same is let out

today. Mr.Harish submits that the maximum rent the building

may fetch is Rs.150/- per month. Mr.Sudhi Vasudevan asserted

that the building will fetch not less than Rs.1,000/- per month.

5. Having anxiously considered the submissions addressed

at the Bar and having scanned the judgment of the Appellate

Authority and the order of the Rent Control Court and keeping in

RCR.No.422/2006 4

mind the para meters to be applied while exercising jurisdiction

under Section 20, it is clear to our mind that the judgment of

the Appellate Authority does not warrant interference in this

jurisdiction.

The Revision Petition will stand dismissed. However, we

re-fix the rent payable by the respondent/tenant with effect

from1/2/2011 at Rs.450/- per mensem. It is open to either party

to move the Rent Control Court by appropriate petitions under

Section 5 for fixation of fair rent. Till fair rent is fixed, the

respondent shall pay rent at the rate of Rs.450/- per mensem

with effect from 1/2/2011 to the revision petitioner/landlord.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE
dpk