ANNIE GEORGE Vs. T A JAMAL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment in R.C.A. No. 86 of 2002 of the Rent Control Appellate Authority, Ernakulam. The first respondent in the Civil Revision Petition, T.A. Jamal filed the petition for eviction. The petitioner in the Civil Revision Petition Annie George is the first respondent in the Rent Control Petition and Vasudevan is the second respondent in the Rent Control Petition.

(2.) The husband of the petitioner late Dr. O.A. George was conducting a Medical Clinic under the name and style A.G. Hospital. The petitioner is the tenant of the building No. XI / 100. The said building is situated in the first floor in a large building complex. The second respondent Vasudevan is the tenant in occupation of a separate building bearing No. XI / 101 of Kalamassery Municipality. The Rent Control Petition was filed for evicting the petitioner for the purpose of residence of the landlord. So far as the second respondent is concerned, the petition was filed for eviction for commercial purpose, vi., starting a business in Ice cream Parlour or fruit juice stall and a Fast Food counter. Thus, a single petition was filed by the landlord for evicting the two tenants.

(3.) The petitioner in the Civil Revision Petition filed objections raising two grounds against the maintainability of the petition. According to her, the petition is bad for misjoinder of cause of action. The petitioner further raised the contention denying title of the landlord. These two issues were heard together by the Rent Control Court and the Rent Control Court passed order on 16.2.2002. According to the Rent Control Court, the first issue regarding the misjoinder was decided earlier and hence, it was not necessary to decide it later. So far as the second question is concerned, it held that the denial of title is not bona fide.