High Court of KeralaDivision BenchRevision petitions dismissed; remedy to approac...

K. Kala v. Manikandan and Jayasree

Case / Petition Number:RCRev. Nos.217/2020 & 220/2020
Neutral Citation:2025:KER:31196

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhammed Mustaque
  • P. Krishna Kumar
Judgment Date
2025-04-11
Court Decision / Holding
Revision petitions dismissed; the Rent Control Appellate Authority’s order setting aside eviction stands; the court notes that the remedy for possession, if tenancy is not established, lies in Civil Court; consequently, eviction cannot be granted under the Rent Control regime based on the current evidence.
Final Disposition
Revision petitions dismissed; remedy to approach Civil Court for possession if tenancy is not proven; appellate order stands.

Parties to the Case

Appellants / Petitioners

  • K. Kala

Respondents

  • Manikandan
  • Jayasree

Legal Representation & Advocates

Counsels for Petitioners

  • • John Britto
  • • Sri C.A. Rajeev

Counsels for Respondents

  • • Vijitha V

Case Synopsis & Summary

This Kerala High Court revision arises from eviction proceedings under the Kerala Buildings (Lease and Rent Control) Act, 1965. The petitioner, K. Kala, filed eviction petitions under sections 11(2)(b) and 11(3) alleging genuine need of the landlord for personal occupation and rent arrears since 2013. The Rent Control Court initially granted eviction in favour of Kala, but the Rent Control Appellate Authority reversed, dismissing the eviction and dismissing Kala’s cross-objections. Kala challenged the Appellate Authority’s order through two RCRev petitions. The respondents contested the landlord-tenant relationship, asserting that the second respondent’s sale deed transferred the property to Kala and that the alleged tenancy is forged; they argued the rent deed Ext. A1 was fabricated and that Ext. A4 confirms transfer to Kala’s title. The High Court undertook a de novo review of the evidentiary record, scrutinizing Ext. A1’s attestation, signature marks, and the witnesses’ credibility. It concluded that the petitioner failed to prove the landlord-tenant relationship; the Rent Control Court’s conclusions were inconsistent with the evidence, and the Appellate Authority’s doubts were not satisfactorily rebutted. The court cited Thankachan v. V. Gireesh Kumar to reiterate that if tenancy is not established, the remedy lies in Civil Court. Consequently, the revision petitions are dismissed, and the Appellate Authority’s order stands, with possession to be sought through a Civil Court if appropriate.

Provisions of Law Cited

Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965

Legal Doctrines & Maxims

  • bona fide

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that she rented the premises to the respondents for Rs. 1,000 per month under a rental agreement dated 20.05.2013 and that rent has remained unpaid since July 2013. She asserts bona fide need for personal occupation under the Act and relies on Ext. A4 (sale deed) to establish her title. She maintains Ext. A1 alleged rent deed is genuine, properly attested, and not fabricated; cross-examination did not demolish the credibility of the documents or the attesting witnesses. She argues that the Appellate Authority misread Ext. A1 and failed to give due weight to Ext. A4’s title chain, and that the admission by respondent No.2 about the petitioner being the landlady, though contested, supports her claim. The remedy if tenancy is not established should be through eviction under the Rent Control framework, but where tenancy is proved, eviction can be pursued.”,

Contentions of Respondents

The respondents deny any landlord-tenant relationship, asserting the second respondent transferred the property by sale deed (Ext. A4) to Kala, thereby extinguishing tenancy rights. They contend Ext. A1 was either fabricated or tampered with and that the signature placements and attestation signs point to forgery. They challenge the credibility of PW1 and PW3 and argue that the Appellate Authority properly rejected the tenancy claim, noting alleged defects in Ext. A1 (e.g., missing executant name, inconsistent witness addresses, and mark-of-signature). They emphasize that the tenancy, if any, is not proven and that Kala’s reliance on Ext. A4 undermines the appellants’ liability for eviction. They urge dismissal of the revision petitions and maintaining the Appellate Authority’s order.”},

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Thankachan v. V. Gireesh Kumar2022 (1) KHC 521 (DB)PositiveCited to support the proposition that if tenancy is not established, the appropriate remedy is to seek possession through Civil Court.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**RCRev. Nos.217/2020 & 220/2020** 1 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **FRIDAY, THE 11[TH] DAY OF APRIL 2025 / 21ST CHAITHRA, 1947** **RCREV. NO. 217 OF 2020** **AGAINST THE JUDGMENT DATED 12/10/2020 IN CROSS OBJECTION** **IN RCA NO.14 OF 2015 OF RENT CONTROL APPELLATE AUTHORITY,MAVELIKKARA** ## **REVISION PETITIONER/CROSS APPELLANT/PETITIONER:** **K.KALA AGED 36 YEARS W/O.MANU, KANDISSERIL VEETTIL, MAVELIKARA MURI, MAVELIKARA VILLAGE, ALAPUZHA - 690 101.** ## **BY ADV JOHN BRITTO** ## **RESPONDENTS/CROSS RESPONDENTS/RESPONDENTS:** **1 MANIKANDAN AGED 43 YEARS** **KALARIVATHUKKAL KIZHAKKETHIL, (KANNAN NIVAS), KANDIYOOR MURI, MAVELIKARA, ALAPUZHA - 690 103.** **2 JAYASREE AGED 41 YEARS** **RCRev. Nos.217/2020 & 220/2020** 2 **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31196 **W/O.MANIKANDAN, KALARIVATHUKKAL KIZHAKKETHIL, (KANNAN NIVAS), KANDIYOOR MURI, MAVELIKARA, ALAPUZHA - 690 103.** ## **BY ADV VIJITHA V** **THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON 04.04.2025, ALONG WITH RCRev..220/2020, THE COURT ON 11.04.2025 PASSED THE FOLLOWING:** **RCRev. Nos.217/2020 & 220/2020** 3 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR** **FRIDAY, THE 11[TH] DAY OF APRIL 2025 / 21ST CHAITHRA, 1947** **RCREV. NO. 220 OF 2020** **AGAINST THEJUDGMENT DATED 12/10/2020 IN RCA NO.14 OF 2015 OF RENT CONTROL APPELLATE AUTHORITY,MAVELIKKARA ARISING OUT OF THE ORDER DATED 07.10.2015 IN RCP NO.5 OF 2014 OF RENT CONTROL COURT, MAVELIKKARA** ## **REVISION PETITIONER/RESPONDENT/PETITIONER:** **K.KALA AGED 36 YEARS W/O. MANU, KANDISSERIL VEETTIL, MAVELIKARA MURI, MAVELIKARA VILLAGE, ALAPUZHA-690 101** **BY ADVS. JOHN BRITTO SRI.C.A.RAJEEV** ## **RESPONDENTS/APPELLANTS/RESPONDENTS:** **1 MANIKANDAN AGED 43 YEARS KALARIVATHUKAL KIZHAKKETHIL, ( KANNAN NIVAS),** **RCRev. Nos.217/2020 & 220/2020** 4 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** ## **KANDIYOOR MURI, MAVELIKARA, ALAPUZHA-690 103** **2 JAYASREE AGED 41 YEARS W/O. MANIKANDAN, KALARIVATHUKAL KIZHAKKETHIL, ( KANNAN NIVAS), KANDIYOOR MURI, MAVELIKARA, ALAPUZHA-690 103** **BY ADV VIJITHA V** **THIS RENT CONTROL REVISION HAVING COME UP FOR HEARING ON 04.04.2025, ALONG WITH RCRev..217/2020, THE COURT ON 11.04.2025 PASSED THE FOLLOWING:** **RCRev. Nos.217/2020 & 220/2020** 5 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** ## **ORDER** ## **P.Krishna Kumar, J.** The petitioner herein filed an eviction petition against the respondents under Sections 11(2) (b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (‘the Act’, for short) before the Rent Control Court. Though she received a favourable order from the Rent Control Court, when the respondents herein preferred an appeal before the Rent Control Appellate Authority, the eviction order was set aside by the Appellate Authority and the said order is under challenge before us. The Cross Objection preferred by the petitioner was also dismissed by the Appellate Authority and thus the petitioner preferred two revision petitions against the said common order. **RCRev. Nos.217/2020 & 220/2020** 6 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** 2. According to the petitioner, she rented out a residential building to the respondents for a monthly rent of Rs.1,000/- on the basis of a rental agreement executed by the first respondent on 20.05.2013. Later, from July 2013 onwards, the respondents failed to pay the monthly rent. The petitioner _bona fide_ requires the vacant possession of the tenanted building for her own occupation and hence she preferred the eviction petition, it is contended. 3. The eviction petition was stoutly resisted by the respondents by contending that the tenanted premises and the appurtenant land belong to the second respondent and that there exists no landlord-tenant relationship between them. The second respondent was forced to execute a sale deed in favour of the petitioner through fraudulent means and thus the second respondent filed a civil suit before the Munsiff Court for setting aside the said deed. The respondents further contended that, as part of a money **RCRev. Nos.217/2020 & 220/2020** 7 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** transaction between respondent No.2 and the father of the petitioner, the respondents were compelled to hand over blank signed stamp papers and the purported rent deed was fabricated by the petitioner by using the said stamp papers. 4. We heard the learned counsel appearing for the petitioner and the respondents. 5. The Rent Control Court elaborately considered the question relating to the existence of a landlordtenant relationship and the _bona fides_ in the denial of title by the respondents and ultimately found that the recitals in Ext.A4 sale deed would show that respondent No.2 had transferred her entire right over the property and the building therein in favour of the petitioner for a price paid and there is no covenant for reconveyance of the property on the happening of some future event and thus the denial of title is not _bona fide_ . The Rent Control Court further noted that, respondent No.2 made an admission during cross- **RCRev. Nos.217/2020 & 220/2020** 8 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** examination that the petitioner is the landlady of the building. 6. The Rent Control Appellate Authority, on the other hand, found that the petitioner failed to prove the landlord-tenant relationship. The Court did not rely on the rent deed, by observing that apparently it appears from Ext.A1 that the signature of the executant has been placed in specifically marked portions, which probabilise the contentions of the respondents that it was fabricated document on a blank stamp paper. The Appellate Authority further noted that the petitioner has no explanation as to why respondent No.1 did not sign at the end of the recitals on page No.2 of Ext.A1 in acknowledgement of the terms and conditions of the agreement. It is further observed that the signature of respondent No.1 is available only at the very end of the second page. The court further disbelieved the version of the petitioner that Ext.A1 document was brought prepared **RCRev. Nos.217/2020 & 220/2020** 9 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** by respondent No.1, for the reason that in such a situation, there was no need for putting an ‘x’ mark near the signature. The Appellate Authority further disbelieved PW3, purportedly an attesting witness of Ext.A1, on the ground that the most relevant evidence of attestation of the document was let in through the attesting witness in reply to a leading question in chief-examination. The Appellate Authority further found that the admission made by respondent No.2 that the petitioner is the landlady of the building was only a slip of the tongue and that she clarified it during the re-examination. However, the Appellate Authority found that there is no genuineness in the denial of title of the petitioner by the respondents. 7. As the learned counsel appearing for the petitioner strenuously contended that the petitioner has discharged her burden to prove the genuineness of Ext.A1 by examining the attesting witnesses and that the Appellate Authority failed to appreciate the **RCRev. Nos.217/2020 & 220/2020** 10 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** evidence in the correct perspective, we re-appreciated the entire evidence in the light of the contentions raised by both sides. When we inspected the document in question, we also felt all the doubts expressed by the Rent Control Appellate Authority. The evidence of PW1, the petitioner, does not inspire confidence as she was unable to explain several material questions put to her by the cross-examiner. She admitted that the name of the executant of the document is missing at the concluding portion and there is a gap beneath the name of the witnesses and that the address of the attesting witnesses was not entered in Ext.A1. She also raised a new contention during cross-examination that Ext.A1 was brought before her by the first respondent after getting it prepared somewhere. She conceded that on every page there is an ‘x’ mark at the place where the signature is affixed. The evidence of PW2 and PW3 also suffers several infirmities, as noted by the Appellate Authority. The above evidence, **RCRev. Nos.217/2020 & 220/2020** 11 2025:KER:31196 **==> picture [58 x 57] intentionally omitted <==** in our opinion, is insufficient to prove the landlordtenant relationship. 8. In short, we concur with the finding of the Appellate Authority that the petitioner failed to prove that the respondents are the tenants. The Rent Control Court failed to note the above aspects and arrived at a wrong conclusion in this regard. In ## **Thankachan v. V.Gireesh Kumar [2022 (1) KHC 521 (DB)]** , this Court has held that in such a situation the remedy open to the petitioner is to approach the Civil Court for getting possession of the building. In the result, the revision petitions are ## Sd/- ## **A.MUHAMED MUSTAQUE JUDGE** Sd/- ## **P.KRISHNA KUMAR** **JUDGE** sv