High Court Kerala High Court

Anna Maggie vs Sri.A.S.Mani on 8 April, 2009

Kerala High Court
Anna Maggie vs Sri.A.S.Mani on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 300 of 2008()


1. ANNA MAGGIE, W/O JELSON, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. SRI.A.S.MANI, S/O.SRI.SKARIA,XXXVI/2070,
                       ...       Respondent

                For Petitioner  :SRI.C.J.JOY

                For Respondent  :SRI.P.J.JOSEPH PANIKKASSERY

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

 Dated :08/04/2009

 O R D E R
         PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                       ------------------------
                      R.C.R.No.300 OF 2008
                       ------------------------

              Dated this the 8th day of April, 2009

                               ORDER

Pius C.Kuriakose, J.

The tenant is in revision against the order of the Rent

Control Court and the Appellate Authority, repelling the

contention of the tenant that the rent control petition is not

maintainable in law for the reason that the landlord has not

clearly conceded the petitioner’s status in the building as his

tenant.

2. We have heard submissions of Sri.C.J.Joy, learned

counsel for the revision petitioner and also those of Sri.

P.J.Joseph Panikkassery, learned counsel for the respondent

landlord. We were taken through by Sri.C.J.Joy to the rent

control petition, particularly its paragraph 3. Sri.Joy certainly is

correct when he submits that in paragraph 3 the case of the

landlord is that the petitioner is not a tenant, but is only an

unauthorised occupant. The Rent Control Court and the

Appellate Authority however were not prepared to hold that the

rent control petition is not maintainable on the reason that the

R.C.R..No.300/2008 2

respondent in the rent control petition, the revision petitioner,

had conceded his status in the building to be that of a tenant

under the respondent herein; the petitioner in the rent control

petition. It appears to us that the learned authorities below

relied on certain observations in paragraph 18 of the judgment

of the Full Bench in Parthakumar v. Ajith Viswanathan (2006

(2) KLT 250 (FB), wherein it is observed that once the

respondent in the rent control petition concedes that there is

landlord – tenant relationship between the parties, the petition

will be maintained before the Rent Control Court. In this

jurisdiction under Section 20, our enquiry is whether the finding

concurrently entered by the Rent Control Court and the Appellate

Authority that the Rent Control Petition is maintainable in view of

the landlord- tenant relationship between the tenant and the

landlord, is vitiated by any illegality, irregularity or impropriety.

3. According to us, the finding of the Rent Control Court

and the Appellate Authority can be sustained also on the reasons

other than those mentioned in the orders of the Rent Control

Court and the Appellate Authority. Section 27 of the Rent

Control Act states that it is obligatory that particulars regarding

R.C.R..No.300/2008 3

the building, as prescribed in Rule 12 of the Kerala Buildings

(Lease and Rent Control) Rules are furnished along with the Rent

Control Petition. We find that along with the rent control petition

filed by the respondent, the respondent/landlord had furnished

the prescribed particulars. In clause 3 of the particulars, the

revision petitioner is described as the person in occupation of the

premises and in clause 7 it is stated that the premises is occupied

by a single tenant. According to us, the assertion of the landlord

in clauses 3 and 7 that the premises is under the exclusive

occupation of the revision petitioner as a tenant, is sufficient to

hold that the landlord has admitted the status of the revision

petitioner to be that of his tenant in the petition schedule

building. Moreover, according to us, the very fact that the

petition for eviction has been filed against the respondent alone

invoking the provisions of Section 11 of the Act of 1965 itself is

a circumstance which demonstrates that the petitioner in the

rent control petition concedes the status of the revision

petitioner as his only tenant in the building.

The result of the above discussion is that challenge against

the order/judgment fails. Rent Control Petition will stand

R.C.R..No.300/2008 4

dismissed. Since the rent control petition is of the year 2007, the

Rent Control Court is directed to special list the rent control

petition for trial at the earliest and ensure that decision on

merits of the rent control petition is taken at the earliest.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
dpk