High Court Kerala High Court

Sivan vs Chamy Moothan on 26 August, 2009

Kerala High Court
Sivan vs Chamy Moothan on 26 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 187 of 2009()



1. SIVAN
                      ...  Petitioner

                        Vs

1. CHAMY MOOTHAN
                       ...       Respondent

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :26/08/2009

 O R D E R
        PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                     ------------------------
                     R.C.R.No.187 of 2009
                     ------------------------

             Dated this the 26th day of August, 2009


                            ORDER

Pius C.Kuriakose, J.

The tenant, who has suffered order of eviction concurrently

passed under sub section (3) of Section 11 on the ground of own

occupation, is the revision petitioner. The need projected by

the landlord was that the building in question is needed bona

fide for accommodating one of his two sons already married for

seperate residence with family. The bona fides of the need and

the claim were denied by the revision petitioner/tenant. The

Rent Control Court, however, on evaluating the evidence, which

consisted of testimonies of the father of the petitioner in the

RCP as PW1 and that of the needy son as PW2, concluded that

the need of the father to accommodate PW2 for residential

purpose is a bona fide one.

2. The Appellate Authority would reappraise the evidence

and concur with the above conclusions of the Rent Control

Court. It is challenging the order of the Rent Control Court and

RCR.No.187/2009 2

the Judgment of the Appellate Authority that this revision is filed

raising various grounds.

3. Sri.Liju.M.P., learned counsel for the revision

petitioner/tenant would address us on the basis of all the

grounds. However, the learned counsel would give thrust to the

argument that the courts below has not gone into the question

whether the respondent/landlord is having title to the building in

question. According to him, the tenant revision petitioner having

denied the title of the landlord, it was obligatory on the part of

the authorities below to have formulated a preliminary point as to

whether the denial of title is bona fide and if yes to relegate the

parties to a competent Civil Court.

4. We considered the above submissions of the learned

counsel. As directed by us, we were supplied with copy of the

Rent Control Petition and the statement of objection filed by the

revision petitioner to the same and also a copy of the

memorandum of Rent Control Appeal. On going through the RCP

and the statement of objections, we find that there is no specific

denial of the landlord-tenant relationship between the petitioner

in the RCP and the revision petitioner. Title, in the context of

RCR.No.187/2009 3

proceedings under the Rent Control Act, means title as landlord

i.e existence or otherwise of a landlord-tenant relationship.

Proprietary title has only very limited relevance in rent control

proceedings. It is seen that it is specifically contended by the

revision petitioner in the statement of objection that upon

receiving the lawyer notice which was sent to him as prelude to

the proceedings, he sent a reply agreeing to attorn to the

petitioner in the RCP. We also notice that the revision petitioner

averted passage of order of eviction under Section 11(2)(b) by

tendering entire arrears of rent claimed in the RCP. Thus, this is

a case where the revision petitioner has, by conduct, proved

that the respondent (petitioner in the RCP) is his landlord. The

court below cannot be faulted for not having formulated

preliminary point as suggested by the learned counsel for the

revision petitioner.

5. Having gone through the findings of the Rent Control

Court and the judgment of the Appellate Authority regarding the

bonafides of the need and the claim raised by the landlord, we

are of the view that those findings are founded on evidence

which is available on record. We will not be justified, within the

RCR.No.187/2009 4

contours of our jurisdiction under Section 20, in even re

appreciating the evidence. There is no warrant at all for

invocation of the revisional jurisdiction for interfering with the

findings of the Rent Control Court and the Appellate Authority.

6. As his last submission, Sri.Liju.M.P. Sought for a year’s

time to vacate the premises. We do not think that we will be

justified in granting so much of time, since we are also

convinced that need of the father landlord to accommodate his

married son is a very genuine one. However, in deference to the

request of the learned counsel Sri.Liju, we are inclined to grant

time till 28/2/2010 subject to certain conditions. The result is as

follows;

i). The RCR is dismissed.

ii). The revision petitioner will file

an affidavit before the Execution Court

or the Rent Control Court, as the case

may be, undertaking to give peaceful

surrender of the petition schedule

building to the respondent on or before

28/2/2010 and that he will discharge

RCR.No.187/2009 5

the arrears of rent, if any, and will

continue to pay occupational charges at

the current rent rates till he makes

actual surrender.

iii). Affidavit, as directed above,

shall be filed within three weeks from

today. If such affidavit is filed, the

Execution Court will not order or effect

delivery of the petition schedule building

till 28/2/2010.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
dpk