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Rafeeka vs Muhammedali
2022 Latest Caselaw 11467 Ker

Citation : 2022 Latest Caselaw 11467 Ker
Judgement Date : 9 December, 2022

Kerala High Court
Rafeeka vs Muhammedali on 9 December, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR &

           THE HONOURABLE MRS. JUSTICE C.S. SUDHA
 TUESDAY, THE 9TH DAY OF DECEMBER 2022/8TH AGRAHAYANA, 1944

                   RCREV. NO. 119 OF 2021

AGAINST THE JUDGMENT DTD 3/3/2021 IN RCA 17/2017 ON THE FILE
   OF RENT CONTROL APPELLATE AUTHORITY(ADDITIONAL DISTRICT
                      JUDGE-III),MANJERI

AGAINST THE COMMON ORDER DTD 25/2/2017 IN RCP 34/2014 ON THE
        FILE OF RENT CONTROL COURT (MUNSIFF), MANJERI

REVISION PETITIONER/APPELLANTS/PETITIONERS:


    1     RAFEEKA, AGED 41 YEARS
          D/O. NANNAMBARA ABDULLAKUTTY,
          W/O ABDUL RASAQUE,
          CHATHANGOTTUPURAM AMSOM DESOM,
          CHATHANGOTTUPURAM (P O)
          MALAPPURAM DISTRICT, PIN-679 328.
    2     MOOSA, AGED 51 YEARS
          S/O THORAPPA VEERANKUTTY,
          CHATHANGOTTUPURAM AMSOM DESOM,
          CHATHANGOTTUPURAM (P O)
          MALAPPURAM DISTRICT, PIN-679 328.
    3     BASMA, AGED 42 YEARS
          D/O KOZHUVUMMAL KUNHAHAMMED,
          CHATHANGOTTUPURAM AMSOM DESOM,
          CHATHANGOTTUPURAM (P O)
          MALAPPURAM DISTRICT, PIN-679 328.
          (PETITIONERS 1 TO 3 REPRESENTED BY POWER OF
          ATTORNEY HOLDER JAFFAR ALI, AGED 42 YEARS,S/O
          ALLAPRA ABU ALIAS ABOOBACKER, ERNAD TALUK,
          CHEMBRASSERI AMSOM DESOM)
    4     ABDUL RAZACK, AGED 51 YEARS
          S/O CHANGARAMVEETTIL ABOOBACKER HAJI,
          CHATHANGOTTUPURAM AMSOM DESOM,
          CHATHANGOTTUPURAM (P O),
          MALAPPURAM DISTRICT, PIN-679 328.
          BY ADVS.T.KRISHNANUNNI (SR.)
          VINOD RAVINDRANATH
          MEENA.A.
                                     2
R.C.R.No.119, 120 and 121 of 2021

             K.C.KIRAN
             M.R.MINI
             M.DEVESH
             ASHWIN SATHYANATH
             ANISH ANTONY ANATHAZHATH
             THAREEQ ANVER K.

RESPONDENT/RESPONDENT/RESPONDENT:
          MUHAMMED ASLAM,
          AGED 55 YEARS, S/O KALATHINGAL MUHAMMEDALI,
          CHEMBAKUTH, EDAVANNA (P O)
          EDAVANNA AMSOM DESOM,
          MALAPPURAM DISTRICT, PIN-676 541.
             BY ADVS.NIRMAL.S
             VEENA HARI
THIS RENT CONTROL REVISION HAVING COME UP FOR FINAL HEARING
ON 9.12.2022, ALONG WITH RCRev.120/2021 & 121/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        3
R.C.R.No.119, 120 and 121 of 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR &
              THE HONOURABLE MRS. JUSTICE C.S. SUDHA
 TUESDAY, THE 9TH DAY OF DECEMBER 2022/8TH AGRAHAYANA, 1944
                         RCREV. NO. 120 OF 2021

AGAINST THE JUDGMENT DTD 3/3/2021 IN RCA 19/2017 ON THE FILE
   OF RENT CONTROL APPELLATE AUTHORITY(ADDITIONAL DISTRICT
                      JUDGE-III),MANJERI

AGAINST THE COMMON ORDER DTD 25/2/2017 IN RCP 36/2014 ON THE
        FILE OF RENT CONTROL COURT (MUNSIFF), MANJERI
REVISION PETITIONERS/APPELLANTS/PETITIONERS:

     1       RAFEEKA, AGED 41 YEARS
             D/O NANNAMBARA ABDULLAKUTTY,
             W/O ABDUL RASAQUE, CHATHANGOTTUPURAM AMSOM DESOM,
             CHATHANGOTTUPURM P.O,
             MALAPPURAM DISTRICT, PIN-679328.
     2       MOOSA, AGED 51 YEARS
             S/O THORAPPA VEERANKUTTY,
             CHATHANGOTTUPURAM AMSOM DESOM,
             CHATHANGOTTUPURM P.O,
             MALAPPURAM DISTRICT, PIN-679328..
     3       BASMA, AGED 42 YEARS
             D/O KOZHUVUMMAL KUNHAMMED,
             CHATHANGOTTUPURAM AMSOM DESOM,
             CHATHANGOTTUPURM P.O,
             MALAPPURAM DISTRICT, PIN-679328.
             (PETITIONERS 1 TO 3 REPRESENTED BY POWER OF
             ATTORNEY HOLDER JAFFAR ALI, AGED 42 YEARS,
             S/O ALLAPRA ABU ALIAS ABOOBACKER, ERNAD TALUK,
             CHEMBRASSERI AMSOM DESOM).
     4       ABDUL RAZACK, AGED 51 YEARS
             S/O CHANGARAMVEETTIL ABOOBACKER HAJI,
             CHATHANGOTTUPURAM AMSOM DESOM,
             CHATHANGOTTUPURAM P.O,
             MALAPPURAM DISTRICT, PIN-679328.
                                        4
R.C.R.No.119, 120 and 121 of 2021

             BY ADVS.T.KRISHNANUNNI (SR.)
             VINOD RAVINDRANATH
             MEENA.A.
             K.C.KIRAN
             M.R.MINI
             M.DEVESH
             ASHWIN SATHYANATH
             ANISH ANTONY ANATHAZHATH
             THAREEQ ANVER K.


RESPONDENTS/RESPONDENTS/RESPONDENTS:

     1       MUHAMMEDALI, AGED 56 YEARS
             S/O THAZHEPARAMBAN MOOSSA HAJI,
             VATTAKKAVIL HOUSE,
             KAVANOOR AMSOM DESOM,
             KAVANOOR P.O, MALAPPURAM, PIN-673639.
     2       ABDULLA, AGED 62 YEARS
             S/O MACHERI VEETTIL AHAMMED,
             KARUVAMBRAM AMSOM DESOM,
             KAVANOOR P.O, MALAPPURAM, PIN-673639.
     3       MUHAMMED, AGED 71 YEARS
             S/O ULLATTIL ABDULLA, KARUVAMBRAM P.O,
             KARUVAMBRAM AMSOM DESOM,
             ERNAD TALUK, MALAPPURAM DISTRICT, PIN-676123.
     4       ABDURAHIMAN, AGED 62 YEARS
             S/O ATHIMANNIL ALAVI HAJI,
             KARUVAMBRAM P.O, KARUVAMBRAM AMSOM DESOM,
             ERNAD TALUK, MALAPPURAM DISTRICT, PIN-676123.
     5       K.AHAMMEDKUTTY, AGED 77 YEARS
             S/O THENU, KANNIYATH VEETTIL P.O,
             THRIKKALANGODE, THRIKKALANGODE AMSOM,
             KOORAMKULAM DESOM, MALAPPURAM, PIN-676121.
             BY ADV K.RAKESH

      THIS RENT CONTROL REVISION HAVING COME UP FOR FINAL
HEARING     ON    9.12.2022,        ALONG   WITH   RCRev..119/2021   AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                        5
R.C.R.No.119, 120 and 121 of 2021

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR &
              THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 9TH DAY OF DECEMBER 2022 / 8TH AGRAHAYANA, 1944
                         RCREV. NO. 121 OF 2021

AGAINST THE JUDGMENT DTD 3/3/2021 IN RCA 18/2017 ON THE FILE
   OF RENT CONTROL APPELLATE AUTHORITY(ADDITIONAL DISTRICT
                      JUDGE-III),MANJERI

AGAINST THE COMMON ORDER DTD 25/2/2017 IN RCP 35/2014 ON THE
        FILE OF RENT CONTROL COURT (MUNSIFF), MANJERI
REVISION PETITIONERS/APPELLANTS/PETITIONERS:

     1       RAFEEKA
             AGED 41 YEARS
             D/O NANNAMBARA ABDULLAKUTTY, W/O ABDUL RASAQUE,
             CHATHANGOTTUPURAM AMSOM DESOM, CHATHANGOTTUPURAM
             (P O), MALAPPURAM DISTRICT, PIN-679 328.
     2       MOOSA,
             AGED 51 YEARS
             S/O THORAPPA VEERANKUTTY, CHATHANGOTTUPURAM AMSOM
             DESOM, CHATHANGOTTUPURAM (P O) MALAPPURAM
             DISTRICT, PIN-679 328.
     3       BASMA,
             AGED 42 YEARS
             D/O KOZHUVUMMAL KUNHAHAMMED, CHATHANGOTTUPURAM
             AMSOM DESOM, CHATHANGOTTUPURAM (P O), MALAPPURAM
             DISTRICT, PIN-679 328.
             (PETITIONERS 1 TO 3 REPRESENTED BY POWER OF
             ATTORNEY HOLDER JAFFAR ALI, AGED 42 YEARS, S/O
             ALLAPRA ABOO ALIAS ABOOBACKER, CHEMBRASSERI AMSOM
             DESOM ERNAD TALUK, MALAPPURAM DISTRICT, PIN-673
             633)
     4
             ABDUL RAZACK,
             AGED 51 YEARS
             S/O CHANGARAMVEETTIL ABOOBACKER HAJI,
                                     6
R.C.R.No.119, 120 and 121 of 2021

             CHATHANGOTTUPURAM AMSOM DESOM, CHATHANGOTTUPURAM
             (P O) MALAPPURAM DISTRICT, PIN-679 328.
             BY ADVS.T.KRISHNANUNNI (SR.)
             VINOD RAVINDRANATH
             MEENA.A.
             K.C.KIRAN
             M.R.MINI
             M.DEVESH
             ASHWIN SATHYANATH
             ANISH ANTONY ANATHAZHATH
             THAREEQ ANVER K.

RESPONDENTS/RESPONDENTS/RESPONDENTS:

     1       MOYIKKAL MUHAMMEDALI
             AGED 59 YEARS
             S/O UNNIASSAN, KURUMBALANGODE VILLAGE,
             POOLAPPADAM PATHAR (P O)
             MALAPPURAM DISTRICT, PIN-679 334.
     2       K. SUDHA,
             AGED 61 YEARS
             W/O KANISSEERI PUTHANVEETTIL RAMACHANDRAN,
             ERNAD TALUK, KARUVAMBRAM AMSOM,
             MELAKKAM DESOM , KARUVAMBRAM P.O.
             MALAPPURAM DISTRICT PIN CODE 676 123.
     3       K.R.SAJI,
             AGED 42 YEARS
             S/O KANISSEERI PUTHANVEETTIL RAMACHANDRAN,
             ERNAD TALUK, KARUVAMBRAM AMSOM,
             MELAKKAM DESOM, KARUVAMBRAM P.O.
             MALAPPURAM DISTRICT, PIN CODE-676 123.
     4       SHAHANAS,
             AGED 46 YEARS
             S/O CHATHOLI VEETTIL ALAVI, ERNAD TALUK,
             KARAKUNNU AMSOM DESOM, THRIKKALANGODE (P O)
             MALAPPURAM PIN-676 121.
             BY ADV DINESH MATHEW J.MURICKEN


THIS RENT CONTROL REVISION HAVING COME UP FOR FINAL HEARING
ON 9.12.2022, ALONG WITH RCRev..119/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                          7
R.C.R.No.119, 120 and 121 of 2021


                 P.B.SURESH KUMAR & C.S.SUDHA, JJ.
                   --------------------------------------------------
                     R.C.R.No.119, 120 and 121 of 2021
                     -------------------------------------------
                 Dated this the 9th day of December, 2022


                                    ORDER

C.S.Sudha, J.

These rent control revisions under Section 20 of the Kerala

Buildings (Lease and Rent Control) Act, 1965 (the Act) have been filed

against the judgments dated 03/03/2021 in R.C.A.No.17, 18 and 19 of 2017

on the file of the Rent Control Appellate Authority (RCAA), Manjeri, which

appeals have been filed against the common order dated 25/02/2017 in

R.C.P.No.34, 35 and 36 of 2014 on the file of the Rent Control Court (RCC),

Manjeri. The revision petitioners herein are the appellants and the

petitioners-landlords in the R.C.Ps. The respondents herein are the

respondents in the appeal and the respondents-tenants in the R.C.Ps. The

parties and documents will be referred to as described in the R.C.Ps.

2. R.C.P.No.34/2014, 35/2014 and 36/2014 were filed by the

petitioners four in number, seeking eviction of the respondents under Section

11(3) of the Act. The second petitioner is the husband of the first petitioner

and the fourth petitioner, the husband of the third petitioner. According to

R.C.R.No.119, 120 and 121 of 2021

the petitioners, they are the owners of the building housing the petition

schedule rooms. The schedule rooms are situated in the ground floor of the

larger building owned by the petitioners. In R.C.P.No.34/2014, there is only

one respondent-tenant. In R.C.P.No.35/2014, the petition schedule consists

of three rooms, i.e., item no.1 is stated to have been let out to the first

respondent; item no.2 to respondents 2 and 3 and item no.3 to the fourth

respondent. In R.C.P.No.36/2014, the petition schedule consists of five

rooms, that is, item no.1 has been let out to the first respondent; item no.2 to

the second respondent; item no.3 to the third respondent; item no.4 to the

fourth respondent and item no.5 to the fifth respondent. According to the

petitioners, the building was purchased on 23/05/2013 with the intention of

starting a business in Chinese goods, i.e., electrical items, electronic items,

mobile accessories, flowers, toys, dresses etc. by importing them or by other

means in the entire ground floor of the building. The walls dividing or

partitioning the rooms can be removed and slight alterations/ modifications

be made in the ground floor to suit the business intended to be started on a

large scale. It is also alleged that petitioners 2 and 4 are employed abroad.

They had enough of working abroad and therefore they intend to return

home for good. They need to start the proposed business for generating

income after they quit their jobs and return home and so they bona fide

R.C.R.No.119, 120 and 121 of 2021

require the petition schedule rooms for their own occupation.

3. The respondents in all the R.C.Ps. except the first respondent in

R.C.P.No.36/2014 who was set ex parte, entered appearance and filed

counter denying the need alleged. According to them it is a mere ruse for

eviction. They also claimed the protection under the second proviso to

Section 11(3) of the Act.

4. The RCC, as per order in I.A.No.493/2015 allowed joint trial of

the three R.C.Ps. PWs.1 and 2 were examined and Exts.A1 to A29 were

marked on the side of the petitioners. RWs.1 to 6 were examined and

Exts.B1 to B21 were marked on the side of the respondents. The advocate

commissioner was examined as CW1 and the reports and plans have been

marked as Exts.C1, C1(a), C2 and C2(a). On an appreciation of oral and

documentary evidence, the RCC found the need to be not bona fide and

hence dismissed all the three R.C.Ps. The petitioners filed three appeals,

namely, R.C.A.No.17/2017, 18/2017 and 19/2017 against the order of the

RCC. The RCAA by three separate judgments, dismissed the appeals

confirming the order of the RCC. Aggrieved by the concurrent findings of

the RCC and RCAA, the petitioners-landlords have come up in revision.

5. The only point that arises for consideration is, whether the

concurrent findings of the RCC or the RCAA suffer from any illegality,

R.C.R.No.119, 120 and 121 of 2021

irregularity or impropriety.

6. Heard Adv. Krishnanunni, the learned senior counsel for the

revision petitioners and Adv.Veena Hari, the learned counsel for the

respondent in R.C.R.No.119/2021, Adv.K.Rakesh, the learned counsel for

the respondent in R.C.R.No.120/2021 and Adv.Dinesh Mathew J.Muricken,

the learned counsel for the respondent in R.C.R.No.121/2021.

7. Section 20 of the Act allows the aggrieved party to challenge

the legality, regularity or propriety of the order or proceeding of an Appellate

Authority. The power of revision is limited to make a scrutiny of records to

satisfy itself as to the three tests laid down in Section 20. It cannot convert

itself into evidence collecting or fact-finding Court. The scope of

interference by the revisional court is restricted to cases where the RCC or

RCAA have relied on irrelevant consideration, ignored valuable items of

evidence, or applied wrong principles of law. The revisional authority has to

satisfy itself of the legality, regularity or propriety of the order or

proceedings of appellate authority. Where there is no illegality, impropriety

or irregularity in the orders of the RCC or the RCAA, there is no

justification for invocation of the revisional jurisdiction under Section 20 of

the Act.

8. Before we go into the arguments advanced on behalf of the

R.C.R.No.119, 120 and 121 of 2021

petitioners, we refer to an argument of mis-joinder of cause of action

advanced on behalf of the respondents, which has been answered in favour

of the latter by the RCAA. The respondents contend that R.C.P.No.35 and

36/2014 are not maintainable because there has been a misjoinder of causes

of action. There are four different tenants in R.C.P.No.35/2014 and five

different tenants in R.C.P.No.36/2014. Therefore, relying on a Full Bench

decision of this Court in Jamal v. Safia Beevi, 2005(2) KLT 359 (F.B.), the

argument is that the said R.C.Ps. are not maintainable.

8.1. The Full Bench in Jamal (supra) observed that when a landlord

files a petition under Section 11(3) against various tenants occupying

separate portions of the same structure, different consideration may follow

and the defenses available to the tenant would also be different. One of the

tenants may be able to defeat the claim of the landlord not only on the

ground that there is no bona fides in the need alleged but also on the ground

that he is entitled to the benefit of the second proviso to Section 11(3).

Another tenant may be in a position to establish the benefit of the first

proviso to Section 11(3). Yet another tenant occupying a portion of the same

structure may not be successful in claiming the benefit of the second proviso

to Section 11(3) of the Act. It has further been held that, even if the cause of

action against various tenants is the same, the defense available to the

R.C.R.No.119, 120 and 121 of 2021

tenants against the landlord may be distinct and different. In such a case

there is likely to be conflict of interest between the tenants inter se and so a

single petition for eviction against more than one tenant is bad for mis-

joinder of causes of action and mis-joinder of parties. Further, it has also

been held that mis-joinder of cause of action is regarded only as an

irregularity and not a ground on which the petition could be dismissed unless

the objection to the same has been taken at the appropriate time. Objection

regarding mis-joinder has to be taken at the earliest opportunity in the event

of which, the landlord would be able to file separate petitions. In a case

where such an objection is not taken at the earliest opportunity, the Court

will not or should not interfere unless there is a total failure of justice. It has

also been held that the RCC can always consolidate the Rent Control

Petitions if there are similar or identity on all the matters in issue in the

petitions.

8.2. In the case on hand, objection regarding mis-joinder is not seen

addressed by the RCC. However, the RCAA has dealt with the same in

R.C.A.No.18/2017 and R.C.A.No.19/2017 and answered the same in favour

of the respondents. The contention regarding mis-joinder of causes of action

is seen taken by some of the respondents in their counter to

R.C.P.No.35/2014 and 36/2014. However, this point does not seem to have

R.C.R.No.119, 120 and 121 of 2021

been pressed into service during the trial stage or during the course of

arguments and hence the RCC has not answered the same. The argument

regarding mis-joinder of causes of action as held in Jamal (Supra) ought to

have been taken up at the earliest possible opportunity. That does not seem

to have been done in this case. Moreover, the respondents have also not

been able to show that any prejudice has been caused to them or that there

has been a total failure of justice. That being the position, the argument that

the R.C.Ps. are not maintainable on the ground of mis-joinder of causes of

action is only liable to be rejected.

9. As noticed earlier, in the R.C.Ps. the need alleged is that the

petitioners want to start a business in Chinese goods like, electrical items,

electronic items, mobile accessories, flowers, toys, dresses etc. on a large

scale. The items are intended to be procured by importing them or by other

means. (ഹരജപട ക മറ നല നത യ എടപ ഹരജക ര തര വ ങ യത തനന തര

വ ങ യ ആനക എടപന തന നല (Ground floor) മഴവന യ ച#ര$ ച#നസ

നര'തമ യ electrical item, electronic item, mobile accessories, flowers, Toys,

dresses തടങ യ വസകള ഒന യ ഇറ മത ന#യചത മറ തര$ചല സ/നമ യ ഉ$മ

വശ/ സമ യ ഒര കചവട4 ന#ച5ണത ചലക ണ). In the proof affidavit of the fourth

petitioner who was examined as PW1, it is stated that the intention is to start

R.C.R.No.119, 120 and 121 of 2021

a business in Chinese goods and if that is not possible, a business in home

appliances and hardware on a wholesale and retail basis. At the same time, it

is also stated that as soon as the rooms are got vacated, all arrangements

have been made for importing the Chinese goods (ഹരജപട ക എടപനല ത ന

നലയല (Ground floor) കട യ ന നര ഒ പച ആ സല$ ച#നസ നര' തമ യ

electrical item, electronic item, mobile accessories, flowers, toys, dresses

തടങ യ സ ധനങള ഒന യ ഇറ മത ന#യചത ആയത സ ധധമ ക $ പക4 Home

appliance-ഉ4 Hardwares-ഉ4 ച#രന സ ധനങളനട ഒര wholesale & retail

ബസ നചA തടചങണനമന ണ ത രമ നച ടളത. മറ കള ഒ ഞ ക ടനചത നട ച#നസ

സ ധനങള ഒന ച ഇറക ക ട നള എല സ4വധ നങള4 ആയടണ ). If all

arrangements have already been made for the purchase of Chinese items,

then why again vacillate? It is no doubt true that the pleadings in a

proceeding under the Act require a liberal interpretation. However, it

appears from the pleadings and evidence on record that the petitioners have

not made up their mind as to what business they intend to start. As pointed

out by the respondents, this is one aspect to doubt the bona fides of the claim

put forward.

9.1. Ext.A2 series are supposed to be the purchase agreements

entered into with the Chinese manufacturers for the purchase of Chinese

R.C.R.No.119, 120 and 121 of 2021

goods. The said documents are mostly seen prepared in Chinese. According

to PW1, the purchase agreement was signed in Saudi Arabia. He however

deposed that he is unaware of the contents of Ext.A2 series. He also

admitted that Ext.A2 series does not contain the signature of the

manufacturer(s) with whom the agreements are alleged to have been entered

into. Our attention was also drawn to Ext.A26 which is a request given by a

Chinese Pharmaceutical company to the Consulate-General of People's

Republic of China to grant a double entry visa to their customer, viz., Abdul

Razak, that is, the 4th petitioner in the RC.Ps. This probalises the case put

forward by the respondents that these documents actually relate to the import

of goods by the pharmaceutical company in which PW1 is working, for

being given as compliments to doctors, pharmacists etc.

10. Further, PW1 in the box claims that he was terminated from

service as per Ext.A24 termination letter. This stand appears to have been

taken in an attempt by the petitioners to establish the bona fides of the need

put forward and the necessity for starting the proposed business. However, the

said attempt has backfired because PW1 admitted in his cross examination that

even after a year of the issuance of Ext.A24 letter, he still continues to be in

the employment of the Company, which Company is purported to have

terminated him as per Ext.A24. It is no doubt true, as pointed out on behalf

R.C.R.No.119, 120 and 121 of 2021

of the petitioners that it is absolutely unnecessary for the second or the

fourth petitioner to resign their jobs, come back home, remain idle and

patiently wait for years together to get vacant possession of the tenanted

premises, in order to succeed under Section 11(3) of the Act. However,

when they have taken up a specific case that PW1 has been terminated and

has also produced evidence to substantiate the same, then it is their duty to

stand by the case and establish the same, in which attempt they have failed.

All these aspects prompted the RCC as well as the RCAA to doubt the bona

fides of the need put forward by the petitioners.

11. As held by the Constitution Bench in Hindustan Petroleum

Corporation Ltd. v. Dilbahar Singh, AIR 2014 SC 3708, a finding of fact

recorded by the RCC or the RCAA if perverse, or has been arrived at

without consideration of the material evidence or such finding is based on no

evidence or misreading of the evidence or is grossly erroneous that, if

allowed to stand, it would result in gross miscarriage of justice, then it is

open to correction, because it is not treated as a finding according to law. In

that event, the High Court in exercise of its revisional jurisdiction under the

Act is entitled to set aside the impugned order as being not legal or proper. In

the case on hand, we find no such infirmity committed either by the RCC or

the RCAA and so no interference by this Court is called for.

R.C.R.No.119, 120 and 121 of 2021

In the result, the rent control revisions are dismissed.

Interlocutory applications, if any pending, shall stand closed.

Sd/-

P.B. SURESH KUMAR JUDGE

Sd/-

C.S. SUDHA JUDGE ami/

 
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