IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 RCRev..No. 110 of 2009() ------------------------ RCP.87/2001 of ADDL. DISTRICT COURT, THALASSERY RCP.242/1998 of ADDL.MUNSIFF COURT, KANNUR .................... REVISION PETITIONER/ 5TH RESPONDENT/5TH RESPONDENT ---------------------------------- ISHAQUE, S/O. H.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR - 1. BY ADV. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S)/ APPELLANTS & RESPONDENTS 1 TO 4 & 6 TO 10/PETITIONERS & RESPONDENTS 1 TO 4 & 6 TO 10. ------------------------- 1. MADAPURAYIL ABDUL AZEEZ (DIED), S/O. BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 2. ABDUL SALAM, S/O. BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 3. RABI, D/O. BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 4. SAFIYA, D/O. BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 5. KHADEEJA, D/O. BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 6. MUHAMMED HANEEFA, S/O.BEEBI, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 7. NOORJAHAN, W/O. LATE ABDUL AZEEZ, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 8. SHABEER, S/O. LATE ABDUL AZEEZ, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 9. SHAHEERA, D/O. LATE ABDUL AZEEZ, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 10. SHAMSHEER, S/O. LATE ABDUL AZEEZ, SAHIRAS, MANIKKAKAVU ROAD, CHOVVA, KANNUR DISTRICT. 11. MURINGERI ASMA, W/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 12. NIZAR, AGED 50 YEARS, S/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 13. KHALID, S/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 14. KAFSATH, S/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 15. SAIBUNNISSA, D/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 16. UMMUL FAIZA, D/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 17. SAIRA, D/O. M.C. HAMEED, HAFAJSA, BELLARD ROAD, KANNUR-1. 18. MADAPPURAYIL JAMEELA, D/O. BEEBI, KOYA QUARTERS, KURUVA ROAD, KANNUR - 7. 19. SULAIKHA, SULEKHAS.P.O, ATTADAPPA, KANNUR - 6. ADV. SMT.M.M.DEEPA FOR R SMT.M.M.DEEPA FOR R11,12,15 TO 17 THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ R.C.R.No.110 OF 2009 ------------------------ Dated this the 12th day of August, 2009 ORDER Pius C.Kuriakose, J. 5th respondent in the Rent Control Petition is the revision petitioner. Eviction was sought by the landlords on the ground of arrears of rent and bona fide own occupation. The Rent Control Court dismissed the RCP completely. Eviction on the ground of arrears of rent was declined on the reason that the entire arrears of rent was paid off during the pendency of the proceedings. As regards the ground of own occupation, the Rent Control Court took the view that the landlords had delayed the filing of the application for eviction by one year and that delay itself is demonstrative of absence of bonafides. That court also found that the Rent Control Petition will not be maintainable as against the present revision petitioner since he is a co-owner of the building. The Appellate Authority, however, would reverse the findings of the Rent Control Court and hold that the claim and the need projected under sub section (3) of Section 11 is bona fide. That Authority rightly held that the delay caused in the matter of RCR.No.110/2009 2 filing the Rent Control Petition was not fatal. It was found that the need projected is bona fide. The Rent Control Petition was remanded to the Rent Control Court for considering the question of tenants' liability for protection of the second proviso to sub section (3) of Section 11. 2. In this revision under Section 20, though several grounds have been raised, Sri.G.Gopakumar, learned counsel for the revision petitioner, would give thrust only to one of the grounds. According to the learned counsel, the Rent Control Appellate Authority has not interfered with the finding of the Rent Control Court that the RCP is not maintainable as against the revision petitioner- co-owner. The learned counsel, therefore, requested that clarification be issued by us that the Rent Control Petition is not maintainable against the revision petitioner. 3. We have considered the above request of the learned counsel for the revision petitioner. We have gone through the appellate authority's judgment. It is true that the Appellate Authority has not specifically set aside the finding of the Rent Control Court that the RCP is not maintainable as against the revision petitioner co-owner. According to us, that issue did not RCR.No.110/2009 3 receive the requisite attention at the hands of the Rent Control Appellate Authority. The Appellate Authority became more concerned with the landlords' eligibility for eviction order on the ground of bonafide own occupation and also the tenants' eligibility for protection of the second proviso to sub section (3) of Section 11. Even the counsel for the present revision petitioner did not argue before the Appellate Authority that the Rent Control Petition should be dismissed as against the revision petitioner despite the order of remand which has been passed. Under the above circumstances, we are of the view that the scope of the order of remand passed by the Rent Control Appellate Authority can be widened and the Rent Control Court can be directed to re-examine the question of maintainability of the RCP as against the revision petitioner. Accordingly, we modify the judgment of the Rent Control Appellate Authority and direct the Rent Control Court to consider not only the question of eligibility of the tenants for the benefit of second proviso to sub section (3) of Section 11, but also the question whether the Rent Control Petition is maintainable as against the revision petitioner. In all other respects, the findings RCR.No.110/2009 4 of the Rent Control Appellate Authority will stand confirmed. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk