Kakkottakath Puthiya Purayil Moideen and Kakkottakath Puthiya Purayil Abdu v. Punakkkan Ayisha

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR`** ``` TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 ``` ## **`R.C.REV.NO.57 OF 2023`** ``` AGAINST THE JUDGMENT DATED 31.01.2023 IN R.C.A.NO.134 OF 2019 PASSED BY THE COURT OF THE RENT CONTROL APPELLATE AUTHORITY, THALASSERY, FILED AGAINST THE ORDER DATED 27.07.2019 IN R.C.P NO.19 OF 2014 PASSED BY THE RENT CONTROL COURT, THALIPARAMBA ``` ## **`REVISION PETITIONERS/APPELLANTS/RESPONDENTS/TENANTS:`** - **`1 KAKKOTTAKATH PUTHIYA PURAYIL MOIDEEN, AGED 64 YEARS,`** ``` S/O.MUHAMMED KUNHI, ISMAIL STORE, NATIONAL HIGHWAY, THALIPARAMBA P.O, KANNUR, PIN - 670141 ``` - **`2 KAKKOTTAKATH PUTHIYA PURAYIL ABDU AGED 57 YEARS`** ``` S/O.MUHAMMED KUNHI, ISMAIL STORE, NATIONAL HIGHWAY, THALIPARAMBA P.O, KANNUR, PIN - 670141 ``` ``` BY ADV. MANAS P HAMEED ``` ## **`RESPONDENT/RESPONDENT/PETITIONER/LANDLADY:`** ## **`PUNNAKKAN AYISHA`** ``` AGED 42 YEARS ``` ``` W/O.MUJEEB RAHIMAN, NEAR MADRASA, THALIPARAMBA AMSOM DESOM, THALIPARAMBA P.O, KANNUR, PIN – 670141 ``` ``` BY ADV. ``` ``` T.V.JAYAKUMAR NAMBOODIRI(K/003198/1999)(CAVEATOR) ``` ``` THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` R.C.R.No.57 of 2023 ## **O R D E R** ## **Anil K.Narendran, J.** The petitioners are the respondents-tenants in RCP No.19 of 2014 on the file of the Rent Control Court, Taliparamba, a petition filed by the respondent herein-landlady, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 seeking eviction of the tenants from the petition schedule shop room. The need projected in the Rent Control petition is that of the landlady's husband Sri.Mujeeb Rahman, who bona fide need the petition schedule shop room for conducting a readymade shop, who is depending on the landlady, since no other vacant room is under his ownership or possession. The tenants entered appearance before the Rent Control Court and filed counter. Before the Rent Control Court, Exts.A1 to A3 were marked on the side of the landlady. She was examined as PW1 and her husband was examined as PW2. On the side of the tenants, Exts.B1 to B5(a) were marked. The 1[st] petitioner herein was examined as RW1 and Exts.X1 to X1(i) were marked through RW2, who is the Health Inspector, Taliparamba Municipality. After considering the pleadings and evidence on record, the Rent Control Court found that the need projected in the Rent Control Petition for seeking an ``` 3 ``` R.C.R.No.57 of 2023 order of eviction under Section 11(3) of the Act is bona fide; that the provisions under the first proviso to Section 11(3) of the Act has no application on the facts of the case on hand; and that the tenants are not entitled to the protection under the second proviso to Section 11(3) of the Act. By the order dated 27.07.2019, the Rent Control Court allowed R.C.P.No.19 of 2014 and directed the tenants to give vacant possession of the petition schedule shop room to the landlady, within one month from the date of that order, failing which, landlady is at liberty to evict the tenants through the process of court and recover expenses from them. Challenging the order of eviction granted by the Rent Control Court in R.C.P.No.19 of 2014, the tenants filed R.C.A.No.134 of 2019 before the Rent Control Appellate Authority (District Judge), Thalassery. That appeal ended in dismissal by the judgment dated 31.01.2023, confirming the order of eviction granted by the Rent Control Court. Feeling aggrieved, the tenants are before this Court in this Rent Control Revision, invoking the provisions under Section 20 of the Act. 2. Heard the learned counsel for the petitioners-tenants and also the learned counsel for the respondent-landlady. 3. The issue that arises for consideration in this Rent ``` 4 ``` R.C.R.No.57 of 2023 Control revision is as to whether any interference is warranted on the order of eviction granted by the Rent Control Court in R.C.P.No.19 of 2014, which stands confirmed by the Rent Control Appellate Authority in R.C.A.No.134 of 2019. 4. The learned counsel for the petitioners-tenants would contend that the order of eviction granted by the Rent Control Court is per se arbitrary and illegal. The Rent Control Court failed to note that the need projected in the Rent Control Petition for seeking an order of eviction under Section 11(3) of the Act is not bona fide, which is only a ruse to evict the tenants from the petition schedule shop room, for one reason or other. The findings of the Rent Control Court that the first proviso to Section 11(3) of the Act has no application to the facts of the case on hand; and that the tenants are not entitled to the protection under the second proviso to Section 11(3) of the Act are also per se arbitrary and illegal. The learned counsel for the tenants referred to the order of the Rent Control Court dated 08.01.2016 in I.A.No.3137 of 2015 in R.C.P.No.19 of 2014, which was an application filed by the landlady seeking permission to withdraw from the mediation agreement entered into between the parties. 5. Per contra, the learned counsel for the respondent- ``` 5 ``` R.C.R.No.57 of 2023 landlady would contend that the reasoning of the Rent Control Court in granting an order of eviction under Section 11(3) of the Act is neither perverse nor patently illegal, warranting an interference in exercise of the revisional jurisdiction of this Court under Section 20 of the Act. 6. Section 11 of the Act deals with eviction of tenants. As per Section 11(1), notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this Act. As per Section 11(3) of the Act, a landlord may apply to the Rent Control Court, for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him. As per the first proviso to Section 11(3), the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied that for special reasons, in any particular case it will be just and proper to do so. As per the second proviso to Section 11(3), the Rent Control Court shall not give any direction to a tenant to put the landlord in ``` 6 ``` R.C.R.No.57 of 2023 possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business. 7. In **Adil Jamshed Frenchman v. Sardur Dastur Schools Trust [(2005) 2 SCC 476]** the Apex Court reiterated that, as laid down in **Shiv Samp Gupta v. Dr. Mahesh Chand Gupta [(1999) 6 SCC 222]** a bona fide requirement must be an outcome of a sincere and honest desire in contradistinction with a mere pretext for evicting the tenant on the part of the landlord claiming to occupy the premises for himself or for any member of the family which would entitle the landlord to seek ejectment of the tenant. The question to be asked by a judge of facts by placing himself in the place of the landlord is whether in the given facts proved by the material on record the need to occupy the premises can be said to be natural, real, sincere and honest. The concept of bona fide need or genuine requirement needs a practical approach instructed by the realities of life. As reiterated in **Deena Nath v.** **Pooran Lal [(2001) 5 SCC 705]** bona fide requirement has to be distinguished from a mere whim or fanciful desire. The bona fide requirement is in praesenti and must be manifested in actual ``` 7 ``` R.C.R.No.57 of 2023 need so as to convince the court that it is not a mere fanciful or whimsical desire. 8. In **Nalakath Saidali Haji v. Kalluparamba Musthafa and others [2015 (4) KHC 815]** a Division Bench of this Court relied on the law laid down in the decisions of the Apex Court referred to supra. The Division Bench also noticed the law laid down by the Apex Court in **Kizhakkayil Suhara v. Manhantavida Aboobacker (dead) by Lrs. [(2001) 8 SCC 19]** that, not merely the need of the landlord but also the need of the dependants for whom eviction is sought, should be established to be bona fide. On the facts of the case on hand, the Division Bench noticed that, neither the Rent Control Court nor the Appellate Authority has considered the need put forward by the landlord in accordance with the principles laid down in the decisions referred to supra and in the manner in which, the same ought to have been considered. Both the authorities were influenced by the fact that the landlord was holding an employment visa. The Division Bench noticed that, there is absolutely no evidence available on record regarding the nature of the employment visa that the landlord was holding or the terms subject to which the said visa has been issued to him. The conclusions of both the authorities below are based on ``` 8 ``` R.C.R.No.57 of 2023 the admission made by the landlord, while he was cross-examined as PW1. Nothing precludes the landlord from going abroad for employment. The case of the landlord in the Rent Control Petition is that, he has left his employment abroad and has come back to his native place. The fact that he is still holding an employment visa, does not militate against the bona fide need pleaded by the landlord. 9. In **Ammu v. Nafeesa [2015 (5) KHC 718]** a Division Bench of this Court held that, it is a settled proposition of law that the need put forward by the landlord has to be examined on the presumption that the same is a genuine one, in the absence of any materials to the contra. 10. In **Regy V. Edthil v. Hubert Leslie D'Cruz [2016 (2)** **KLJ 164]** a Division Bench of this Court relied on the decision of the Apex Court in **Deena Nath v. Pooran Lal [(2001) 5 SCC** **705]** , wherein the Apex Court held that, in order to order eviction on the ground of bona fide need of the landlord, the statutory requirement is that there must be an actual pressing need, not a mere whim or fanciful desire; it must be in praesenti and also the landlord must not be in possession of any other reasonably suitable accommodation of his own in the town or city concerned. In the ``` 9 ``` R.C.R.No.57 of 2023 said decision, the Division Bench relied on the decision of the Apex Court in **Shiv Sarup Gupta [(1999) 6 SCC 222]** , wherein it was held that, the term 'bona fide' or 'genuinely' refers to a state of mind. Requirement is not a mere desire. The phrase 'required bona fide' is suggestive of Legislative intent is an outcome of a sincere and honest desire, in contra distinction with a mere desire, by the Rent Control Legislation. In **Abdul Salam v. Sebastian [2013 (4) KLT 592]** , a Division Bench of this Court held that, when the landlord has clearly admitted in his evidence that vacant rooms are in his possession, he has to attribute special reasons for not occupying it, as the need mentioned under Section 11(3) of the Act cannot be a mere desire. On the facts of that case, since there was no sufficient opportunity given in the absence of plea, the Rent Control Petition was remitted to the Rent Control Court to enable the landlord to adduce evidence on that aspect and for fresh consideration by the Rent Control Court. Therefore, if there is admission on the part of the landlord of coming into possession of vacant rooms, unless special reason is given for not occupying the same, the need cannot be said to be bona fide and he is not entitled to get an order of eviction under Section 11(3) of the Act. 11. In **Gireeshbabu T.P. v. Jameela and others [2021** ``` 10 ``` R.C.R.No.57 of 2023 **(5) KHC SN 30]** , a decision relied on by the learned counsel for the petitioner-tenant, a Division Bench of this Court in which one among us (Anil K. Narendran, J) was a party, held that, in order to satisfy the requirement of Section 11(3) of the Act, a bona fide need must be an outcome of a sincere and honest desire of the landlord in contradistinction with a mere pretext on the part of the landlord for evicting the tenant, claiming to occupy the premises for himself or for any member of his family dependent on him. Once, on the basis of the materials on record, the landlord has succeeded in showing that the need to occupy the premises is natural, real, sincere and honest, and not a ruse to evict the tenant from the said premises, the landlord will certainly be entitled for an order of eviction under Section 11(3) of the Act but, of course, subject to the first and second provisos to Section 11(3). 12. In the instant case, the bona fide need projected in the Rent Control petition for seeking an order of eviction under Section 11(3) of the Act is that of the husband of the landlady to conduct a readymade shop in the petition schedule shop room. The need projected in the Rent Control petition is proved by the oral testimony of the landlady, who was examined as PW1 and that of her husband, who was examined as PW2. While analysing the ``` 11 ``` R.C.R.No.57 of 2023 evidence on record, the Rent Control Court noticed that the tenants have no case that PW2 is not in a position to conduct a readymade shop in the petition schedule shop room. PW1 has clearly deposed that PW2 is intending to conduct readymade cloth business in the petition schedule shop room. The tenants have also not disputed that PW2 is depending on PW1 for the intended purpose. As evident from the order dated 08.01.2016 in I.A.No.3137 of 2015 in R.C.P.No.19 of 2014, the Rent Control Court rejected the memorandum of agreement dated 10.12.2015 entered into between the parties, at the intervention of the Mediator, as if there is no settlement. The Rent Control Court has stated valid reasons in paragraph 5 of that order for allowing that interlocutory application. In the absence of any challenge by the tenants, at appropriate time, that order has attained finality. On a proper appreciation of the evidence on record, the Rent Control Court as well as the Rent Control Appellate Authority concurrently found that the need projected in the Rent Control Petition for seeking eviction of the tenants from the petition schedule property is bona fide. The said finding of the authorities below is neither perverse nor patently illegal, warranting interference in the exercise of the revisional jurisdiction under Section 20 of the Act. ``` 12 ``` R.C.R.No.57 of 2023 13. As per the first proviso to Section 11(3), the Rent Control Court shall not give any such direction if the landlord has another building of his own in his possession in the same city, town or village except where the Rent Control Court is satisfied that for special reasons, in any particular case it will be just and proper to do so. 14. In **M.L. Prabhakar v. Rajiv Singal [(2001) 2 SCC 355]** the Apex Court was dealing with a case in which eviction on the ground of bona fide requirement was sought for under Section 14(1)(e) of the Delhi Rent Control Act, 1958. In the said decision, the Apex Court relied on the law laid down in **Ram Narain Arora** **v. Asha Rani [(1999) 1 SCC 141]** , wherein it was held that the question whether the landlord has any other reasonably suitable residential accommodation is a question which is intermixed with the question regarding bona fide requirement. Whether the landlord has any other reasonably suitable residential accommodation is a defence for the tenant. Whether the other accommodation is more suitable than the suit premises would not solely depend upon pleadings and non-disclosure by the landlord. The landlord having another accommodation would not be fatal to the eviction proceedings if both the parties understood the case ``` 13 ``` R.C.R.No.57 of 2023 and placed materials before the court and case of neither party was prejudiced. On the facts of the case on hand, the Apex Court found that, even though the landlord has not mentioned about the other two premises, the material in respect of the other two premises was placed before the Rent Controller as well as before the High Court, thus no prejudice has been caused, and the parties have squarely dealt with this question. ## 15. In **Vasantha Mallan v. N.S. Aboobacker Siddique** **[2020 (1) KHC 21]** the question that arose before a Division Bench of this Court was whether a landlord is bound to plead under first proviso to Section 11(3) of the Act, the availability of vacant building in his possession and seek to explain special reason for non-occupation of such premises, in a proceeding initiated for eviction of the tenant under Section 11(3) of the Act. The Division Bench held that the initial burden to prove that landlord is in possession of vacant building, if any, is only upon the tenant unless the landlord himself admits any such vacant building to be in his possession. Only when the primary burden of proof in this behalf is discharged by the tenant, the burden shifts to the landlord to show otherwise or that the vacant premises are not suited to his needs. He can successfully discharge his part of the burden by ``` 14 ``` R.C.R.No.57 of 2023 adducing evidence either through his own testimony or others or in any other legal manner. Law does not require the landlord to plead that he is in possession of any vacant building and has special reasons for its non-occupation. It is up to the tenant alone to take up the contention and prove that landlord is in vacant possession of premises. 16. In **Vasantha Mallan** , relying on the law laid down by the Apex Court in **M.L. Prabhakar [(2001) 2 SCC 355]** the Division Bench held that, it is not incumbent on the landlord to disclose in his pleading availability of vacant building in his possession. The non-disclosure of vacant premises cannot be picked up as a reason or circumstance to doubt the bona fides of the claim of the landlord put forward under Section 11(3) of the Act. The Division Bench made it clear that it is not obligatory for the landlord to disclose in his pleadings the details of the vacant buildings available in his possession. Nor does first proviso to Section 11(3) of the Act insist the landlord to plead that the buildings available in his possession are not sufficient to meet his requirements. These are matters of evidence rather than pleadings. Failure of the landlord to disclose availability of buildings in his possession and plead special reasons for not occupying them, ``` 15 ``` R.C.R.No.57 of 2023 cannot be taken as a valid and legal ground for rejecting the claim of the landlord as not bona fide. What could at the most be said is that it might be a fair and reasonable conduct if the landlord disclosed in his pleadings the details of buildings in his possession and simultaneously explained the reason for non-occupation of the premises for his alleged needs. 17. In the instant case, the tenants relied on Exts.B1 to B1(d) extracts of property tax assessment register maintained by Taliparamba Municipality to contend that the deceased father of the landlady owned certain rooms in Taliparamba and after his death those rooms are available, in which her husband can conduct the proposed business. The authorities below found that Exts.B1 to B1(d) documents would not show that the landlady has another building of her own in her possession, in order to attract the provisions under the first proviso to Section 11(3) of the Act. Further, those documents would not show that those rooms are lying vacant. After considering the pleading and evidence on record, the authorities below concurrently found that the provisions under the first proviso to Section 11(3) of the Act is not attracted in the facts of the case on hand. The finding of the authorities below is neither perverse nor patently illegal, warranting an interference in ``` 16 ``` R.C.R.No.57 of 2023 the exercise of revisional jurisdiction under Section 20 of the Act. 18. As per the second proviso to Section 11(3) of the Act, the Rent Control Court shall not give any direction to a tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business. 19. In **Ammeer Hamsa v. Ramabhadran and another [2019 (2) KHC 465]** a Division Bench of this Court held that, it is trite law that both limbs under the second proviso to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act are conjunctive and the burden of proof is on the tenant. Thus, the legal position has been settled by a long line of decisions and the courts below have rightly placed reliance upon those decisions. Vide: **Narayanan Nair v. Pachumma [1980 KLT 430]** , **Prasannan v. Haris [2005 (2) KLT 365]** , **Vineethan v. Fathima and others [2016 (1) KHC 631]** . In view of the legal position well settled by the aforesaid decisions, the landlord is not required to plead or prove other sources of income of the tenant. That apart, income is a fact which remains exclusively in the ``` 17 ``` R.C.R.No.57 of 2023 knowledge of each person only and another person cannot adduce evidence to prove income. Merely on the reason that the landlord has stated that the tenant has other sources of income and he is not mainly depending upon the income from the business carried on in the tenanted premises, for his livelihood and he failed to prove so, the tenant cannot escape from the burden of proof cast on him under the first limb of the second proviso to Section 11(3) of the Act. Where the statutory provision itself explicitly imposes the burden of proof on a party to the lis, there cannot be any variation whatever be the pleadings of the other party in that respect. The second proviso to Section 11(3) is an exception to the principal provision, granting protection to the tenant. When the second proviso itself imposes the burden of proof on the tenant, the question whether the landlord has pleaded or proved the facts constituting the said proviso is insignificant and irrelevant. Even if the landlord pleaded so, the burden of proof will not be shifted to him. Since the second proviso to Section 11(3) is an exception to the principal provision, which would dis-entitle the landlord to get the order of eviction under Section 11(3), the burden of proof, under the said proviso is always on the tenant and unless the burden of proof under the second proviso is discharged ``` 18 ``` R.C.R.No.57 of 2023 ## satisfactorily, the tenant is not entitled to get protection under the said proviso to Section 11(3) of the Act. 20. The tenants failed to make out a case to attract the second proviso to Section 11(3) of the Act. No reliable materials were placed before the Rent Control Court to prove that the tenants are depending on their livelihood mainly on the income derived from the business conducted in the petition schedule shop room and that there is no other suitable building available in the locality for them to carry on that business. In the absence of any such materials, the authorities below concurrently found that the tenants are not entitled to any protection under the second proviso to Section 11(3) of the Act. The said finding of the authorities below is neither perverse nor patently illegal, warranting interference in the exercise of the revisional jurisdiction under Section 20 of the Act. 21. Section 20 of the Kerala Buildings (Lease and Rent Control) Act deals with revision. As per sub-section (1) of Section 20, in cases, where the appellate authority empowered under Section 18 is a Subordinate Judge, the District Court, and in other cases the High Court, may, at any time, on the application of any aggrieved party, call for and examine the records relating to any ``` 19 ``` R.C.R.No.57 of 2023 order passed or proceedings taken under this Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference thereto as it thinks fit. As per sub-section (2) of Section 20 of the Act, the costs of and incident to all proceedings before the High Court or District Court under sub-section (1) shall be at its discretion. 22. In **Rukmini Amma Saradamma v. Kallyani Sulochana [(1993) 1 SCC 499]** , the scope of revisional powers of the High Court under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 came up for consideration before the Three-Judge Bench of the Apex Court. While considering whether the High Court could have re-appreciated entire evidence, the Apex Court held that, even the wider language of Section 20 of the Act cannot enable the High Court to act as a first or a second court of appeal. Otherwise, the distinction between appellate and revisional jurisdiction will get obliterated. Hence, the High Court was not right in re-appreciating the entire evidence both oral or documentary in the light of the Commissioner's report. The High Court had travelled far beyond the revisional jurisdiction. Even by the presence of the word ‘propriety’ it cannot mean that there ``` 20 ``` R.C.R.No.57 of 2023 - could be a re appreciation of evidence. Of course, the revisional court can come to a different conclusion but not on a reappreciation of evidence; on the contrary, by confining itself to legality, regularity and propriety of the order impugned before it. ## 23. In **T. Sivasubramaniam v. Kasinath Pujari [(1999)** **7 SCC 275]** the Apex Court held that, the words ‘to satisfy itself’ employed in Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 no doubt is a power of superintendence, and the High Court is not required to interfere with the finding of fact merely because the High Court is not in agreement with the findings of the courts below. It is also true that the power exercisable by the High Court under Section 25 of the Act is not an appellate power to reappraise or reassess the evidence for coming to a different finding contrary to the finding recorded by the courts below. But where a finding arrived at by the courts below is based on no evidence, the High Court would be justified in interfering with such a finding recorded by the courts below. 24. In **Ubaiba v. Damodaran [(1999) 5 SCC 645]** the Apex Court considered the exercise of revisional power by the High Court, under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, in the context of an issue as to whether the ``` 21 ``` R.C.R.No.57 of 2023 relationship of landlord-tenant existed or not. It was urged that whether such relationship existed would be a jurisdictional fact. Relying on the decision in **Rukmini Amma Saradamma** it was contended that, however wide the jurisdiction of the revisional court under Section 20 of the Act may be, it cannot have jurisdiction to re-appreciate the evidence and substitute its own finding upsetting the finding arrived at by the appellate authority. The Apex Court held that, though the revisional power under Section 20 of the Act may be wider than Section 115 of the Code of Civil Procedure, 1908 it cannot be equated even with the second appellate power conferred on the civil court under the Code. Therefore, notwithstanding the use of the expression ‘propriety’ in - Section 20 of the Act, the revisional court will not be entitled to re appreciate the evidence and substitute its own conclusion in place of the conclusion of the appellate authority. On examining the impugned judgment of the High Court, in the light of the aforesaid ratio, the Apex Court held that the High Court exceeded its jurisdiction by re-appreciating the evidence and in coming to the conclusion that the relationship of landlord-tenant did not exist. 25. In **Hindustan Petroleum Corporation Limited v. Dilbahar Singh [(2014) 9 SCC 78]** a Five-Judge Bench of the ``` 22 ``` R.C.R.No.57 of 2023 Apex Court considered the revisional powers of the High Court under Rent Acts operating in different States. After referring to the law laid down in **Rukmini Amma Saradamma** the Apex Court reiterated that even the wider language of Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 does not enable the High Court to act as a first or a second court of appeal. The Constitution Bench agreed with the view of the Three-Judge Bench in **Rukmini Amma Saradamma** that the word ‘propriety’ does not confer power upon the High Court to re-appreciate evidence to come to a different conclusion, but its consideration of evidence is confined to find out legality, regularity and propriety of the order impugned before it. ## 26. In **Thankamony Amma v. Omana Amma [AIR 2019** **SC 3803 : 2019 (4) KHC 412]** considering the matter in the backdrop of law laid down in **Rukmini Amma Saradamma** , **Ubaiba** and **Dilbahar Singh** the Apex Court held that the findings rendered by the courts below were well supported by evidence on record and could not even be said to be perverse in any way. The - High Court could not have re appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising ``` 23 ``` R.C.R.No.57 of 2023 ## revisional jurisdiction. 27. Viewed in the light of the law laid down in the decisions referred to supra, conclusion is irresistible that any interference in the order of eviction granted by the Rent Court and confirmed by the Rent Control Appellate Authority is warranted only if the reasoning of the authority is either perverse or patently illegal. In the instant case, the reasoning of the authorities below while ordering eviction of the tenant from the petition schedule shop room under Section 11(3) of the Act, is neither perverse nor patently illegal and it cannot be said that they have committed any manifest error while passing such an order. 28. In such circumstances, this Rent Control Revision fails and the same can only be dismissed. 29. The learned counsel for the petitioners-tenants would submit that in case this Court is not inclined to interfere with the order of eviction passed by the Rent Control Court and confirmed by the Appellate Authority, the tenants may be granted a reasonable time to surrender vacant possession of the petition schedule shop room to the respondent-landlady. 30. The learned counsel for the respondent-landlady would submit that the landlady is prepared to grant three months' time ``` 24 ``` R.C.R.No.57 of 2023 to the tenants to give vacant possession of the petition schedule shop room. 31. Having considered the submissions made by the learned counsel on both sides, we deem it appropriate to grant three months’ time to the petitioners-tenants to surrender vacant possession of the petition schedule shop room to the respondentlandlady, subject to the following conditions; - (i) The respondents-tenants in the Rent Control Petition shall file an affidavit before the Rent Control Court or the Execution Court, as the case may be, within two weeks from the date of receipt of a certified copy of this order, expressing an unconditional undertaking that they will surrender vacant possession of the petition schedule shop room to the petitioner-landlady within three months from the date of this order and that, they shall not induct third parties into possession of the petition schedule shop room and further they shall conduct any business in the petition schedule shop room only on the strength of a valid licence/permission/ consent issued by the local authority/statutory authorities; - (ii) The respondents-tenants in the Rent Control Petition shall deposit the entire arrears of rent as on date, if any, before the Rent Control Court or the Execution Court, as the case may be, within four weeks from the date of receipt of a certified copy of this order, and shall continue ``` 25 ``` R.C.R.No.57 of 2023 to pay rent for every succeeding months, without any default; - (iii) Needless to say, in the event of the respondents-tenants in the Rent Control Petition failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the petition schedule shop room will stand cancelled automatically and the petitioner-landlady will be at liberty to proceed with the execution of the order of eviction. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** PV