Kerala High Court
Saji R. Nair vs Kavitha on 28 October, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
1
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 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
RCREV. NO. 160 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN RCA NO.5 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA ARISING OUT OF THE ORDER DATED
14.12.2023 IN RCP NO.34 OF 2020 OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
SAJI R. NAIR, AGED 48 YEARS, S/O RAMAKRISHNAN NAIR
K.G., KAVITHA NIVAS, PATTANAKKADU P.O.,
PATTANAKKADU VILLAGE, CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688 531
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.K.S.SOJI SOLAMAN
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
SMT.SHRIYA MERLIN MAXWELL
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2
RESPONDENT/APPELLANT/PETITIONER:
KAVITHA, AGED 53 YEARS, D/O NANDHAGOPALA KAMMATH,
KAVITHA NIVAS, KUTHIATHODE VILLAGE,
THIRUMALABHAGAM P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY HER FATHER AND POWER OF
ATTORNEY NANDHAGOPALA KAMATHI, S/O RAMANANDA
KAMATHI, AGED 80 YEARS, KAVITHA NIVAS, KUTHIATHODE
VILLAGE, THIRUMALABHAGOM P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 540
BY ADVS.
SRI.K.C.ELDHO
SMT.ALMAJITHA FATHIMA
SRI.S.BIJILAL
SMT.HIMA JOSEPH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 28.10.2025, ALONG WITH RCRev..161/2025, 162/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
3
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 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
RCREV. NO. 161 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN RCA NO.4 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA ARISING OUT OF THE ORDER DATED
14.12.2023 IN RCP NO.36 OF 2020 OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
B.V. BIJUNATH, AGED 54 YEARS, (ERRONEOUSLY WRITTEN
IN THE CAUSE TITLE OF THE IMPUGNED COMMON JUDGMENT
AND COMMON ORDER AS BIJUNATH P.V.),S/O
VISWAMBHARAN, BIJU NIVAS, THURAVOOR SOUTH VILLAGE,
VALAMANGALAM SOUTH P.O. CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688 532
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.K.S.SOJI SOLAMAN
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
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4
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/APPELLANT/PETITIONER:
KAVITHA, AGED 53 YEARS, D/O NANDHAGOPALA KAMMATH,
KAVITHA NIVAS, KUTHIATHODE VILLAGE,
THIRUMALABHAGAM P.O. CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY HER FATHER AND POWER OF
ATTORNEY NANDHAGOPALA KAMATHI, S/O RAMANANDA
KAMATHI, AGED 80 YEARS, KAVITHA NIVAS, KUTHIATHODE
VILLAGE, THIRUMALABHAGOM P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 540
BY ADVS.
SRI.K.C.ELDHO
SMT.ALMAJITHA FATHIMA
SRI.S.BIJILAL
SMT.HIMA JOSEPH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 28.10.2025, ALONG WITH RCRev..160/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
5
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 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
RCREV. NO. 162 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN RCA NO.3 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA ARISING OUT OF THE ORDER DATED
14.12.2023 IN RCP NO.38 OF 2020 OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
C.A. PUSHKARAN, AGED 58 YEARS, S/O VELAYUDHAN,
SAJEEVA BHAVANAM, EZHUPNNA SOUTH P.O., EZHUPUNNA
SOUTH MURI, KODAMTHURUTHU VILLAGE, CHERTHALA
TALUK, ALAPPUZHA DISTRICT., PIN - 688 537
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.K.S.SOJI SOLAMAN
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
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R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
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SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/APPELLANT/PETITIONER:
KAVITHA, AGED 53 YEARS, D/O NANDHAGOPALA KAMMATH,
KAVITHA NIVAS, KUTHIATHODE VILLAGE,
THIRUMALABHAGAM P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY HER FATHER AND POWER OF
ATTORNEY NANDHAGOPALA KAMATHI, S/O RAMANANDA
KAMATHI, AGED 80 YEARS, KAVITHA NIVAS, KUTHIATHODE
VILLAGE, THIRUMALABHAGOM P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 540
BY ADVS.
SRI.K.C.ELDHO
SMT.ALMAJITHA FATHIMA
SRI.S.BIJILAL
SMT.HIMA JOSEPH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 28.10.2025, ALONG WITH RCRev..160/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
7
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 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
RCREV. NO. 163 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN RCA NO.7 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA ARISING OUT OF THE ORDER/JUDGMENT DATED
14.12.2023 IN RCP NO.32 OF 2020 OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
T.A. MAJEED, AGED 69 YEARS, S/O ALI, CHIRAYIL
HOUSE, KUTHIYATHODU P.O., KUTHIYATHODU VILLAGE,
PADINJATTUMKARA NORTH MURI, CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 533
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.K.S.SOJI SOLAMAN
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
SHRI.UNNIKRISHNAN H.
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
8
SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/APPELLANT/PETITIONER:
KAVITHA, AGED 53 YEARS, D/O NANDHAGOPALA KAMMATH,
KAVITHA NIVAS, KUTHIATHODE VILLAGE,
THIRUMALABHAGAM P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY HER FATHER AND POWER OF
ATTORNEY NANDHAGOPALA KAMATHI, S/O RAMANANDA
KAMATHI, AGED 80 YEARS, KAVITHA NIVAS, KUTHIATHODE
VILLAGE, THIRUMALABHAGOM P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 540
BY ADVS.
SRI.K.C.ELDHO
SRI.S.BIJILAL
SMT.ALMAJITHA FATHIMA
SMT.HIMA JOSEPH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 28.10.2025, ALONG WITH RCRev..160/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
9
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 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
RCREV. NO. 164 OF 2025
AGAINST THE JUDGMENT DATED 18.12.2024 IN RCA NO.6 OF
2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA ARISING OUT OF THE ORDER DATED
14.12.2023 IN RCP NO.30 OF 2020 OF ADDITIONAL MUNSIFF COURT,
CHERTHALA
REVISION PETITIONER/RESPONDENT/RESPONDENT:
K.V. SURENDRANATHA SHENOY, AGED 67 YEARS, S/O
VASUDEVA SHENOY, KUMBALAM PARAMBU, THURAVOOR P.O.,
THURAVOOR SOUTH VILLAGE, VALAMANGALAM NORTH MURI,
CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688
532
BY ADVS.
DR.V.N.SANKARJEE
SHRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.K.S.SOJI SOLAMAN
SMT. KEERTHI B. CHANDRAN
SHRI.VIJAYAN PILLAI P.K.
SMT.SHILPA P.S.
2025:KER:80797
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SHRI.UNNIKRISHNAN H.
SMT.SHRIYA MERLIN MAXWELL
RESPONDENT/APPELLANT/PETITIONER:
KAVITHA, AGED 53 YEARS, D/O NANDHAGOPALA KAMMATH,
KAVITHA NIVAS, KUTHIATHODE VILLAGE,
THIRUMALABHAGAM P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT, REPRESENTED BY HER FATHER AND POWER OF
ATTORNEY NANDHAGOPALA KAMATHI, S/O RAMANANDA
KAMATHI, AGED 80 YEARS, KAVITHA NIVAS, KUTHIATHODE
VILLAGE, THIRUMALABHAGOM P.O., CHERTHALA TALUK,
ALAPPUZHA DISTRICT., PIN - 688 540
BY ADVS.
SRI.K.C.ELDHO
SRI.S.BIJILAL
SMT.ALMAJITHA FATHIMA
SMT.HIMA JOSEPH
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 28.10.2025, ALONG WITH RCRev..160/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:80797
R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025
11
ORDER
[R.C.Rev. Nos.160/2025, 161/2025, 162/2025, 163/2025, 164/2025]
A. Muhamed Mustaque, J.
The respondent - Kavitha, is the landlady. She
currently resides in the United States of America. She sought
an eviction of five tenants. The eviction was sought on the
ground under Section 11(3) of the Kerala Buildings (Lease and
Rent Control) Act, 1965. She stated in the rent control petition
that she needs the building for starting a Supermarket. She
also stated that she herself and her family are capable of
starting such a business. The need projected precisely is for
herself. The petition for eviction was filed through her father
as a power of attorney holder. It appears that father let out
some of the buildings to the tenants, and he is managing the
affairs of the building. During evidence, the power of attorney
holder alone was examined. The Rent Controller dismissed the
rent control petition for non-examination of the landlady. The
matter was carried in appeal. The Rent Control Appellate
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Authority, on appreciation of evidence, found that the need
projected was also for her parents and her child and therefore,
the evidence adduced by the power of attorney holder, who is
the father of the landlady, was sufficient.
2. In the revision petitions, the learned counsel
for the tenant relied on the following judgments of the Apex
Court in Joseph Mathew v. Jose Thomas [2005 (4) KLT
764], Vidhyadhar v. Manikrao and Another [1999 KHC
1091] and Janki Vashdeo v. Indusind Bank [2005 (2)
KLT 265] and would submit that bona fide need is a state of
mind of the landlady. If the landlady's need itself is projected,
the landlady is bound to be examined before the court. It is
submitted that it is not the case that the need projected is for
the dependents of the landlady. Therefore, it is imperative for
the landlady to be examined.
3. The learned counsel for the landlady would
submit that in the rent control petition itself they have pleaded
that the need projected is for the family and not for the
landlady and the evidence was given in tune with the
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pleadings.
4. We have scanned the pleadings. As seen from
the pleadings, the need projected was for the landlady to start
business. Nowhere it is stated that the need projected is for
the family, which consists of her father or son.
5. If the need projected is for the landlady, the
landlady is bound to be examined, as rightly pointed out by the
learned counsel for the tenant. Without examining landlord or
landlady, their bona fides cannot be demonstrated. The Apex
Court, in Joseph Mathew v. Jose Thomas [2005 (4) KLT
764], held that in such a scenario, the non-examination of the
landlady is fatal, and the mere examination of the son, who is
the power of attorney holder, is not sufficient.
In such circumstances, we are of the view that the
impugned orders have to be set aside. We remand back the
matter for reconsideration by the Rent Controller to allow the
landlady to appear in person for examination. If the rent
control petition was filed seeking eviction for starting a
business by the dependents of the landlady, we also give
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liberty to the landlady to amend the rent control petition to
project the need of the dependents as well. Accordingly, the
impugned orders are set aside. We direct the parties to appear
before the Rent Control Court on 24.11.2025. The Rent
Controller, thereafter, shall dispose of the matter within a
further period of three months.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
HARISANKAR V. MENON
JUDGE
PR
