High Court Kerala High Court

K.A.Chandrasekhara Menon vs The Kerala State Handloom Weavers … on 22 February, 2007

Kerala High Court
K.A.Chandrasekhara Menon vs The Kerala State Handloom Weavers … on 22 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS No. 769 of 1997()



1. K.A.CHANDRASEKHARA MENON
                      ...  Petitioner

                        Vs

1. THE KERALA STATE HANDLOOM WEAVERS CO-OP.
                       ...       Respondent

                For Petitioner  :SRI.T.K.VENUGOPALAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/02/2007

 O R D E R
                     M.SASIDHARAN NAMBIAR,J.



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                        A.S .NO.769   OF  1997

                    ------------------------------------------


                    Dated    22nd    February   2007




                             J U D G M E N T

Plaintiff in O.S.349/1994 on the file of

Principal Sub curt, North Paravur is the appellant.

Respondents are defendants. Respondents were tenant

of the building bearing door No.8/155 of Aluva

Municipality. Appellant purchased the rights of

building from the previous landlord Rosamma Jacob on

14/7/1992. At that time also respondents were the

building tenants. R.C.P.6/91 was filed by earlier

landlord to evict respondents was pending when

property was purchased by appellant. Order of eviction

granted by Rent Control Court was subsequently

confirmed by this court in C.R.P whereunder time was

granted to respondents to surrender vacant possession

of the building. Suit was filed by appellant

contending that respondents agreed to surrender the

building, at the time when appellant purchased the

building from original landlord and in violation of

undertaking respondents continued possession of

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building and therefore respondents are liable to pay

damages. Rs.1,58,630/- was claimed as damages.

Respondents resisted the claim contending that landlord

tried to evict respondents when rent Control petition

was pending and therefore appellant is not entitled to

the damages sought for. Learned Munsiff on the evidence

dismissed the suit. It is challenging that dismissal

of suit this appeal is filed. In the appeal damages

claimed was reduced to Rs.50,000/-.

2. Learned counsel appearing for appellant was

heard. Arguments of learned counsel appearing for

appellant was that this court in C.R.P filed by

respondents against the order of eviction did not

consider the question whether appellant is entitled to

the damages and appellant was persuaded to purchase

the building on the undertaking of respondent to

surrender and as they did not surrender, appellants are

entitled to the damages sought for and therefore

dismissal of the suit is unsustainable and appellant is

entitled to the decree.

3. On hearing learned counsel appearing for

appellant, I do not find any merit in the appeal.

Respondents are admittedly tenants of the assignor of

appellant. Respondents could be evicted only by due

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process of law. In fact, when appellant purchased the

building rent control proceedings for eviction was

pending. In such circumstances, without getting an

order for eviction appellant could not have evicted the

respondents. So also, appellant is not entitled to

claim damages, so long as respondents are continuing

in lawful possession of the building as tenants. Even

though order of eviction was subsequently upheld by

Rent Control Appellate Authority as well as revisional

court, even when suit was filed respondents were

continuing in possession and C.R.P was dismissed only

thereafter. In such circumstances, learned Sub Judge

rightly found that appellant is not entitled to the

damages sought for. Appeal is bereft of bonafides.

Appeal is dismissed.

M.SASIDHARAN NAMBIAR,

JUDGE.

uj.

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M.SASIDHARAN NAMBIAR,J.






             JUDGMENT





         A.S.No.769 OF 1997





       22nd   February    2007

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