Uday Umesh Lalit, J. - (1.) This appeal challenges the final judgment and order dated 09.08.2018 passed by the High Court of Kerala in RCR No.172 of 2017.
(2.) One Sankara Kurup, owner of a piece of land admeasuring 27 cents erected a Theatre named Manorama Theatre thereon ( suit Property , for short). The management of the Theatre was being conducted by his son-inlaw named Kumara Kurup (predecessor of the respondents herein). After the death of Sankara Kurup, a claim was raised by his son Viswanatha Kurup that he was entitled to the rights and interests in said Theatre by virtue of a Will executed by his father. Soon thereafter, proceedings were initiated by Kumara Kurup before the Land Tribunal Alappuzha being OA No.3233 of 1975 submitting, inter alia that he was a cultivating tenant and as such entitled to protection under the Kerala Land Reforms Act, 1963. Viswanatha Kurup was arrayed as respondent in the proceedings. The application preferred by Kumara Kurup was rejected by the Land Tribunal, Alappuzha on 17.03.1976. The finding rendered by the Land Tribunal was to the following effect:- The oral evidence adduced by respondent shows that the scheduled property and cinema theatre belongs to the respondent s father and after his death the property passed to him. Ext.B1 accounts maintained in the hand-writing of the father of the respondent shows that the applicant is only the manager of the cinema theatre in the property. I therefore find that the application is not bona fide and it is not maintainable. In the result this O.A. dismissed under Rule 9.1 (a) of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970.
(3.) Kumara Kurup died in the year 1982 and the respondents succeeded to his interest. In the year 2009, the appellants herein filed Rent Control Petition No.5 of 2009 before the Rent Control Court, Alappuzha, seeking eviction of the respondents from the suit property. It was submitted that the respondents who were initially paying rent had stopped paying rent and the suit property was required for personal requirement of the appellants. The respondents denied the title of the appellants. By its order dated 08.04.2014 the Rent Control Court allowed the eviction petition. The order passed by the Land Tribunal (Ext A5 in Rent Control proceedings) was relied upon and it was observed:- Admittedly the scheduled building is situating in 27 cents of property comprised in Sy. No.147/9 B of Mararikkulam South Village and the Land Tribunal found that the property and cinema theatre absolutely belongs to the predecessor of Narayana Kuruppu Viswanadha Kuruppu. It is admitted by the respondents 5 to 7 that Narayana Kuruppu Viswanadha Kuruppu is the only legal heir of Sankara Kuruppu. From Ext. A5, it can be seen that the title of Sankara Kuruppu and his son Viswanadha Kuruppu over the property and building was admitted by Kumara Kuruppu and he filed O.A. No.3233/75 for getting assignment of the property in his favour from the Land Tribunal. So it can be seen that the predecessor of respondents 5 to 7. Sri Kumara Kuruppu admitted the title of Viswanadha Kuruppu and finding in O.A. No.3233/75 is binding on the respondents 5 to 7. Apart from that there is absolutely no pleadings with respect to right of respondents 5 to 7 or their predecessors over the plaint scheduled property. Hence I find that the denial of title raised in the objection by the respondents 5 to 7 is not bona fide. ;