High Court of KeralaDivision BenchOriginal Petition dismissed

Remani P. v. Jaya P. and others (O.P.(RC) No.79 of 2022, High Court of Kerala)

Case / Petition Number:O.P.(RC) No.79 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • P. G. Ajithkumar
Judgment Date
2022-03-30
Court Decision / Holding
The Original Petition under Article 227 is dismissed. The challenge to Ext.P2 is without merit; the Rent Control Court did not have jurisdiction to compel impleadment of additional parties for decision on title, and the matter is not to be referred back for title adjudication within the Section 11 eviction framework. The court held that petitioner and co-owners are not necessary parties to RC(OP) No.18 of 2018, and thus the petition fails.
Final Disposition
Original Petition dismissed

Parties to the Case

Appellants / Petitioners

  • Remani P.

Respondents

  • Jaya P.
  • Sabulal
  • Nidhin Rahman
  • Vijaya
  • Rema P.

Legal Representation & Advocates

Counsels for Petitioners

  • • Saijo Hassan Benoj
  • • C Augustine
  • • Lakshminarayan R
  • • P. Parvathy
  • • Abhirami Dinesh
  • • N. Krishna Ozhakkanat
  • • Aathira Sunny
  • • Renjini M.
  • • Renjith Nazrin Hallaj

Case Synopsis & Summary

This is a Division Bench judgment of the Kerala High Court in a challenge under Article 227 to an order of the Rent Control Court (Principal Munsiff), Kollam, in an eviction petition under the Kerala Buildings (Lease and Rent Control) Act, 1965. The petitioner Remani P., along with respondent Nos.4 and 5, had sought to implead themselves as additional respondents in RC(OP) No.18 of 2018 on the ground that they are co-owners and that the tenancy dispute implicates title to the tenanted premises. The Rent Control Court dismissed the impleadment application (I.A.5114 of 2019) by its order dated 02.02.2022. The High Court held that, in eviction proceedings under Section 11, disputes about ownership or title between rival claimants are not within the scope of the enquiry, which is limited to eviction on grounds listed in Section 11. Citing Thankachan v. V. Gireesh Kumar, the court reiterated that if a tenant denies the landlord’s title, the Rent Control Court must decide that question and may direct civil litigation, or proceed on merits. The petition was dismissed, holding that the petitioner and co-owners were not necessary parties to RC(OP) No.18 of 2018. The order emphasizes that co-owners’ rights to profits do not alter the core eviction inquiry.

Provisions of Law Cited

Section 11(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965First proviso to Section 11(1)Second proviso to Section 11(1)Section 11(2)(b) and Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965Section 2(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965Article 227 of the Constitution of India

Legal Doctrines & Maxims

  • Disputes regarding title to the tenanted premises are alien to the enquiry under Section 11 of the Act
  • Rent Control Court has no jurisdiction to decide questions of title where rival claims are based on proprietary title
  • If there is denial of title by a tenant, the Rent Control Court is obliged to decide that question and, depending on the finding, may direct the matter to Civil Court or proceed to consider eviction grounds on merits

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that they along with respondent Nos.4 and 5 are co-owners and, as such, are necessary parties to RC(OP) No.18 of 2018. They sought to implead themselves as additional respondents (I.A.5114/2019) to enable the Rent Control Court to adjudicate the question of title, which in turn would influence the eviction proceedings. They argued that without joining all co-owners, the court would be precluded from correctly adjudicating the rights in the property and the tenancy, and that denial of their impleadment would prejudice their legal interests as co-owners. They also argued that settlement deeds and title claims must be properly resolved to avoid hardship if eviction is based on contested title.

Contentions of Respondents

Respondents contended that the landlords’ title must be determined per the evidence before the Rent Control Court and that Section 11 eviction proceedings focus on the grounds for eviction rather than title disputes. They invoked Section 11(1) and its provisos, noting that if the tenant denies landlord title, the Rent Control Court must decide that issue, and in appropriate cases direct the Civil Court to adjudicate title. They relied on the principle that rival title claims are not to be resolved within the ambit of Section 11 proceedings, and that a decision on title should be reserved for Civil Courts, aligning with the stated reasons in Thankachan v. V. Gireesh Kumar.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Thankachan v. V. Gireesh Kumar2022 (1) KHC 521PositiveCited to support the proposition that when there is denial of title, the Rent Control Court must decide the question and may direct title-related disputes to Civil Court or proceed to consider eviction grounds, and that title disputes are not to be resolved within Section 11 proceedings; used to justify the non-necessity of adding Remani P and others as respondents.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **WEDNESDAY, THE 30[TH] DAY OF MARCH 2022 / 9TH CHAITHRA, 1944 O.P.(RC) NO.79 OF 2022** **AGAINST THE ORDER DATED 02.02.2022 IN I.A.NO.5114 OF 2019 IN R.C.(OP) NO.18 OF 2018 OF THE RENT CONTROL COURT (PRINCIPAL MUNSIFF), KOLLAM** **PETITIONER:** **REMANI P., AGED 54 YEARS, D/O NANUPILLAI, BALARAMA, KALARIVATHUKKAL, VALATHUNGAL POST, KOLLAM, PIN – 691011.** **BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN LAKSHMINARAYAN.R P.PARVATHY ABHIRAMI DINESH N.KRISHNA OZHAKKANAT AATHIRA SUNNY RENJINI M. RENJITH NAZRIN HALLAJ** ## **RESPONDENTS:** **1 JAYA P., AGED 46 YEARS, D/O. NANUPILLAI, JAYA NIVAS, CANTONMENT SOUTH, KALARIVATHUKKAL, VALATHUNGAL POST, KOLLAM., PIN – 691011. 2 SABULAL** **AGED 54 YEARS, S/O APPUKKUTTAN PILLAI, RESIDING AT JAYA NIVAS, CANTONMENT SOUTH, HOUSE NO.32, CANTONMENT SOUTH NAGAR, KOLLAM, PIN – 691011.** 2 ## O.P.(RC) No.79 of 2022 - **3 NIDHIN RAHMAN** **AGED 35 YEARS, S/O MUJEEB RAHMAN, PROPREITOR, SUPREME MEDICALS, NEENU NIVAS, CANTONMENT SOUTH, KOLLAM, PIN – 691011.** - **4 VIJAYA AGED 43 YEARS, D/O NANU PILLAI, VINOD NIVAS, RAMANKULANGARA NAGAR 173, KAVANADU P.O, KOLLAM, PIN – 691003.** - **5 REMA P., AGED 40 YEARS, D/O NANU PILLAI, AANJANEYAM, FAMILY NAGAR 3A, KADAPPAKKADA, KOLLAM, PIN – 691008.** **THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 30.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 O.P.(RC) No.79 of 2022 ## **JUDGMENT** ## Ajithkumar, J. This Original Petition under Article 227 of the Constitution of India was filed by the petitioner, who along with respondent Nos.4 and 5, suffered Ext.P2 order. Ext.P2 is an order of the Rent Control Court (Principal Munsiff), Kollam, in I.A.No.5114 of 2019 in R.C.(OP) No.18 of 2018, which was filed seeking to implead the petitioner and respondent Nos.4 and 5 as additional respondents in the said rent control petition. As per order dated 02.02.2022 the Rent Control Court dismissed that application. 2. R.C.(OP) No.18 of 2018 was filed by respondent Nos.1 and 2 seeking eviction of respondent No.3, the tenant, under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Respondent Nos.1 and 2 claiming themselves to be the landlords filed the rent control petition. They claim title to the petition schedule building on the basis of settlement deed No.1940 dated 19.08.2014 of the Sub Registry Office, Kollam. 4 O.P.(RC) No.79 of 2022 3. The petitioner and respondent Nos.4 and 5 claimed that they along with their sister, the 1st respondent, inherited the property on the death of their father, where the petition schedule building is situated. The said property originally belonged to their father. The petitioner and respondent Nos.4 and 5 instituted a suit for getting their right in the said property declared. In the meantime, respondent No.1 and her husband, respondent No.2, claiming themselves to be the landlords under the above-said settlement deed, filed the rent control petition. They have no independent right to proceed against the tenant. Being co-owners, petitioner and respondent Nos.4 and 5 are also necessary parties to R.C. (OP) No.18 of 2018 and therefore they have filed I.A.No.5114 of 2019. 4. When this matter came up for hearing today, we heard the learned counsel appearing for the petitioner in detail. 5. R.C.(OP) No.18 of 2018 was filed by respondent Nos.1 and 2 claiming ownership on the basis of settlement 5 O.P.(RC) No.79 of 2022 deed No.1940 dated 19.08.2014. It is a registered document. When respondent Nos.1 and 2 claimed to be the landlords, it is the obligation of the Rent Control Court to consider whether they are the landlords in respect of the petition schedule building as defined in Section 2(3) of the Act. Section 11 enables a landlord to seek eviction of the tenant under any one or more of the grounds enumerated therein. Only on establishing that the petitioner is the landlord, the Rent Control Court will be able to proceed further to consider the grounds urged for eviction. In such a proceedings, there is no scope for considering who among many claimants is the landlord, especially when rival claims are based on proprietary title. A dispute with reference to the title to the tenanted premises is alien to the enquiry contemplated in a petition filed under Section 11 of the Act. 6. In **Thankachan v. V.Gireesh Kumar [2022 (1) KHC 521]** this Court held, “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 6 O.P.(RC) No.79 of 2022 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 the first proviso to Section 11(1), nothing contained in this Section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority notified under this Act. As per the second proviso to Section 11(1), where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and such Court may pass a decree for eviction on any of the grounds mentioned in this Section, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded. Therefore, whenever there is denial of title of the landlord, the Rent Control Court is obliged to decide that question and depending upon the finding thereon, the Court has to proceed further either directing the petitioner to approach the Civil 7 O.P.(RC) No.79 of 2022 Court or proceed to consider the grounds for eviction on merits.” That being the position of law, the question of adding the petitioner and respondent Nos.4 and 5 as additional parties whereby to compel the Rent Control Court to decide the question on title to the tenanted premises cannot be allowed. The Rent Control Court has no such jurisdiction. 7. The anguish of the petitioner is that once the suit filed by her is decreed herself and respondent Nos.4 and 5 would become co-owners of the property and if in the meantime respondent Nos.1 and 2 obtained possession of the property and grabbed the rent during the period, they would be put to much loss and hardship. If the suit filed by the petitioner is decreed, certainly, she and respondent Nos.4 and 5 would become co-owners along with respondent No.1. In that event also, the right of the petitioner or respondent Nos.4 and 5 would not be affected adversely. A co-owner cannot only claim his due share in the property, but also is entitled to get share of profits, which would have been received by the co-owner in possession. 8 ## O.P.(RC) No.79 of 2022 8. In the above circumstances, the apprehension of the petitioner that deciding R.C.(OP) No.18 of 2018 before the Rent Control Court, Kollam, in her absence would be prejudicial to her and also respondents Nos.4 and 5, is without any basis. Taking all such matters into account, we are of the view that the petitioner or respondent Nos.4 and 5 are not necessary parties to R.C.(OP) No.18 of 2018. Hence, we hold that the challenge to Ext.P2 is without any merit. The Original Petition is accordingly dismissed. ## **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITHKUMAR, JUDGE** dkr 9 O.P.(RC) No.79 of 2022 ## **APPENDIX OF OP (RC) 79/2022** **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE PETITION AS R.C.(O.P) NO. 18 OF 2018 FILED BEFORE THE COURT OF THE PRINCIPAL RENT CONTROLLER, KOLLAM** **Exhibit P2 TRUE COPY OF THE ORDER DATED 02.02.2022 IN I.A NO. 5114/2019 IN RC(OP) NO. 18/2018 ON THE FILE OF THE COURT OF THE PRINCIPAL RENT CONTROLLER, KOLLAM**