G REGHUNATHAN Vs. K V VARGHESE
LAWS(KER)-2003-12-9
HIGH COURT OF KERALA
Decided on December 17,2003

G REGHUNATHAN Appellant
VERSUS
K V VARGHESE Respondents

JUDGEMENT

- (1.) Would the bar under Section 11(9) of Act 2 of 1995 affect an application filed under Section 11 of the Act if the parties are governed by an unregistered lease deed is the interesting question that has come up for consideration in these cases.
(2.) Tenants are the revision petitioners in these case. Petitioners for eviction preferred under sections 11 (2)(b), 11(4) (ii) and 11(4)(v) were resisted by the tenants under Section 11(9) of the Act on the ground that where the tenancy is for a specific period agreed to between the landlord and the tenant, landlord is not entitled to apply before the Rent Control Court for an order of eviction before the expiry of that period.
(3.) C.R.P.No. 1628 of 1997 arises out of R.C.P.No.2 of 1990, a petition filed by the landlord under Sections 11(2)(b) and 11(4)(ii) of the Act. Parties are governed by Ext.A2 rent agreement dated 5.9.1988. Room was let out on a monthly rent of Rs. 750/-. Rent Control Petition was filed on 3.2.1990 claiming arrears of rent under Section 11(2)(b) and the Rent Control Court found that tenant had committed default in payment of rent from 5.10.1988 onwards till 31.12.1990 at the rate of Rs. 750/- per month and ordered eviction under Section 11(2)(b). Rent Control Court also allowed the plea of the landlord that the tenant has used the building in such a manner as to destroy or reduce its value or utility, materially and permanently. Appellate Authority also confirmed the findings of the Rent Control Court.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.