[Cites 5, Cited by 0]
Kerala High Court
Shanavas B.H vs Joy George on 16 December, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 1 2025:KER:96837
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
OP (RC) NO. 146 OF 2025
RCA NO.8 OF 2025 OF DISTRICT COURT/RENT CONTROL
APPELLATE AUTHORITY, KASARAGOD
RCP NO.14 OF 2024 OF PRINCIPAL MUNSIFF, KASARAGOD
PETITIONER/PETITIONER :
JOY GEORGE
AGED 59 YEARS
S/O.MATHEW VARKEY,
R/AT VATTAMALAYIL,
PMS.ROAD, NULLIPPADY,
KASARAGOD VILLAGE,
KASARAGOD TALUK AND DISTRICT,
PIN - 671121
BY ADVS.
SRI.A.ARUNKUMAR
SRI.S.SHYAM KUMAR
SHRI.SACHIN GEORGE ARAMBAN
SMT.NESILI NAZEER
SHRI.M.SASINDRAN
RESPONDENT/RESPONDENT :
SHANAVAS.B.H,
AGED 32 YEARS
S/O.HASSAINAR,
R/AT ATHAR MANZIL,
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 2 2025:KER:96837
KOTTIKKULAM VILLAGE,
P.O.BEKAL, HOSDURG TALUK,
KASARAGOD DISTRICT,
PIN - 671318
BY ADVS.
SRI.MANU VYASAN PETER
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SMT.AISWARYA MOHAN
SMT.CHITRA JOHNSON
SMT.MEERA P.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON
16.12.2025, ALONG WITH RCRev..171/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 3 2025:KER:96837
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
RCREV. NO. 171 OF 2025
AGAINST THE JUDGMENT DATED 18.06.2025 IN RCA NO.8 OF
2025 OF DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY,
KASARAGOD ARISING OUT OF THE ORDER DATED 04.02.2025 IN RCP
NO.14 OF 2024 OF RENT CONTROL (PRINCIPAL MUNSIFF) COURT,
KASARAGOD
REVISION PETITIONER/APPELLANT IN RCA/RESPONDENT IN RCP :
SHANAVAS B.H.
AGED 32 YEARS
S/O HASSAINAR, ATHAR MANZIL,
KOTTIKULAM VILLAGE, BEKAL P.O.,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671318
BY ADVS.
SRI.MANU VYASAN PETER
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SMT.MEERA P.
RESPONDENT/RESPONDENT IN RCA/PETITIONER IN RCP :
JOY GEORGE
AGED 53 YEARS
S/O MATHEW VARKEY,
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 4 2025:KER:96837
VATTAMALAYIL, PMS ROAD,
NULLIPPADY, KASARAGOD VILLAGE,
KASARAGOD DISTRICT, PIN - 671121
BY ADVS.
SHRI.M.SASINDRAN
SRI.A.ARUNKUMAR
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 16.12.2025, ALONG WITH OP (RC).146/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 5 2025:KER:96837
JUDGMENT
A.Muhamed Mustaque, J.
O.P.(RC)No.146 of 2025 was filed by the landlord, and
RCRev. No.171 of 2025 was filed by the tenant, both challenging
the very same order of the Rent Control Appellate Authority.
These proceedings arise under Section 12(1) of the Kerala
Buildings (Lease and Rent Control) Act, 1965 (hereinafter
referred to as 'the Act'). The order passed under Section 12(1) of
the Act was challenged by the tenant before the Appellate
Authority. The Appellate Authority noted that the tenant had
disputed the ownership of the building and, therefore, remanded
back the matter to the Rent Controller. Challenging the said order
of remand, the landlord filed OP(RC). The very same order is
also under challenge at the instance of the tenant.
2. The case of the landlord is that the tenant had agreed
to surrender the building. This claim is disputed by the tenant.
The landlord filed an eviction petition under Section 11(3) and
11(4)(v) of the Act. The tenant took up the plea that petition
under Section 11(3) of the Act was not maintainable, as it was hit
by the third proviso to Section 11(3) of the Act. It is submitted
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 6 2025:KER:96837
that the landlord cannot initiate an eviction petition under Section
11(3) of the Act within one year of the transfer made by the
previous landlord.
3. We find force in this argument, and it is a matter to
be considered by the Rent Controller. However, we note that the
landlord has also filed the eviction petition under Section 11(4)(v)
of the Act. There is no bar under law against a landlord, who has
recently become the landlord from instituting an eviction petition
on any other ground other than under Section 11(3) of the Act.
That being the case, the petition is maintainable under Section
11(4)(v) of the Act.
4. The question is whether there is any dispute
regarding ownership. We have perused the counters filed by the
tenant in RCP No.14 of 2024 and IA No.1 of 2025 find that there
is hardly any dispute regarding the ownership. In paragraph 3 of
the counter in IA No.1 of 2025 in RCP No.14 of 2024, the tenant
contends that he is not liable to pay arrears of rent on the ground
that the landlord has not admitted him as a tenant. In paragraph
10 of the counter in RCP No.14 of 2024, it is submitted that the
tenant has attorned to the landlord.
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 7 2025:KER:96837
5. In such circumstances, there is no dispute regarding
the landlord-tenant relationship. The remand, therefore, is
unnecessary, as per a proper application of mind to the counter
filed by the tenant.
Accordingly, O.P.(RC)No.146 of 2025 is allowed and
RCRev No.171 of 2025 is dismissed. However, the tenant is
granted four weeks' time under Section 12(1) of the Act to pay
the arrears of rent. In the event of non-compliance, the Rent
Controller shall proceed in accordance with law under Section
12(3) of the Act, and the tenant shall continue to pay the rent
within fifteen days from which it becomes due till the proceedings
are concluded.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
rkj
OP (RC) NO. 146 OF 2025 &
RCREV No.171 of 2025 8 2025:KER:96837
APPENDIX OF OP (RC) NO. 146 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PETITION NUMBERED AS
RCP NO.14 OF 2024 RENT CONTROLLER
(PRINCIPAL MUNSIFF) OF KASARAGOD DATED
13-08-2024
Exhibit P2 A TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENT DATED 10-12-2024
Exhibit P3 A TRUE COPY OF THE I.A.NO.1 OF 2025 IN RCP
NO.14 OF 2024 DATED 13-12-2024
Exhibit P4 A TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENT TO I.A.NO.1 OF 2025 IN RCP
NO.14 OF 2024 DATED 14-01-2025
Exhibit P5 A TRUE COPY OF THE ORDER DATED 04-02-2025
IN I.A.NO.1 OF 2025 IN RCP NO.14 OF 2024
OF RENT CONTROLLER (PRINCIPAL MUNSIFF) OF
KASARAGOD
Exhibit P6 A TRUE COPY OF THE APPEAL MEMORANDUM IN
RCA NO.08 OF 2025 DATED 01-03-2025
Exhibit P7 A TRUE COPY OF I.A.NO.1 OF 2025 IN
RCA.NO.8 OF 2025 DATED 01-03-2025
Exhibit P8 A TRUE COPY OF THE ORDER DATED 05-03-2025
IN I.A.NO.1 OF 2025 IN RCA.NO.8 OF 2025 OF
THE RENT CONTROL APPELLATE AUTHORITY,
(DISTRICT JUDGE), KASARAGOD
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED
10-04-2025 IN OP(RC).NO.89 OF 2025
Exhibit P10 A TRUE COPY OF THE ORDER DATED 18-06-2025
IN RCA.NO.8 OF 2025 OF THE RENT CONTROL
APPELLATE AUTHORITY, (DISTRICT JUDGE),
KASARAGOD
Exhibit P11 A TRUE COPY OF I.A.NO.6 OF 2025 DATED
14-07-2025 IN RCP.NO.14 OF 2024
Exhibit P12 A TRUE COPY OF I.A.NO.7 OF 2025 DATED
14-07-2025 IN RCP.NO.14 OF 2024
Exhibit P13 A TRUE COPY OF THE PROCEEDINGS OF THE RENT
CONTROLLER DATED 16-07-2025 IN RCP.NO.14
OF 2024
Exhibit P14 A TRUE COPY OF I.A.NO.8 OF 2025 IN
RCP.NO.14 OF 2024 DATED 09-08-2025
