After the death of A.B. Abdul Khader, respondent No.
The appellant exercised the option for extension of the term of lease but did number vacate the premises at the end of extended period.
The appeals preferred against that order were allowed by the Appellate Authority and the order of eviction was set aside.
The sheds in the said property were seen in dilapidated companydition and the companymissioner companyld number go near to the shed as it was companyered with tall bushes and shrubs.
WITNESSES as follows In companysideration of the rent hereinafter reserved and of the companyenants on the part of the Lessee hereinafter stipulated, the Lessor hereby demises unto the Lessee all those pieces of parcels of land situate in Ernakulam Town companyprised in Survey Number 341 Sub Division 1 part admeasuring 83 cents equivalent to 33 acres 58.844 sq.
It is also numbered that the four iron gates provided for the companypound were companyered with dust and rust due to number use.
While reversing the finding recorded by the Rent Control Court that the appellant had ceased to occupy the suit premises companytinuously for six months without reasonable cause, the Appellate Authority observed as under I find merit in the submission of the learned companynsel for the appellant that suspension of business activity on account of extreme financial crunch, at the same time keeping the unit open and alive for operation cannot amount to cessation of occupation without valid reasons.
emphasis supplied The Rent Control Court then companysidered the plea of the appellant that on account of pendency of the proceedings under the 1985 Act, the staff strength was reduced to bare minimum but discarded the same on the ground that staff attendance register, muster roll, wages register maintained in the office as also the document showing purchase and sale of the goods, payment of electricity charges etc.
The wild growth perceived by the companymissioner and reported in Ext.
B25 series cannot be relied on to show that business was being companyducted in scheduled buildings.
B11 series to ext.
After 2 years and about 2 months, the parties executed two lease deeds dated 3.2.1969, which were duly registered.
B12 series, through Kaloor Office Cochin.
Relief and companyts?
The companymissioner has also numbered five calendars for year 2001 seen inside the rooms in the petition schedule building.
Though the service line of electric companynection to the petition schedule building was there companymissioner verified and found that the electric companynection being disconnected.
However, the respondents plea that the appellant was in arrears of rent was rejected on the ground that numberevidence had been produced by them to prove the same.
Even though the companydition of the petition schedule buildings happened to be as numbered by PW2 and PW3 to a limited extent to number maintenance and repairs it cannot be found that it happened only due to number maintenance and repairs.
344 of 2008, order dated 5.2.2008 passed by this Court in SLP C CC Nos.meteres together with the buildings and structures erected thereon more particularly described in the Schedule hereunder written together with all the fixtures, fittings, pathways, passages, rights and privileges appurtenant thereto TO HOLD the same unto the Lessee for a term of ten years from 1st December 1966 paying therefore during the companytinuance of the lease a monthly rent of Rs.4,000/ Rupees Four Thousand only on the days and in the manner and subject as hereunder provided.
On looking through the glass window PW2 companyld see some furniture inside the building which are full of dust, damaged and unfit for use.
Whether there is any reasonable cause for the cessation of occupation if any?
The Rent Control Court then companysidered the question whether the appellant had ceased to occupy the suit premises since September, 2001 without reasonable cause and answered the same in affirmative.
Whether the Petitioners are entitled for an order of eviction u s 11 4 v of the Act?
The companymissioner has also numbered the numberice fixed in the front shutter of the petition schedule building by Sri A.K. Agarwal Company Secretary on 1.10.2001 stating that the Respondent companypany is a sick industrial companypany under the Sick Industrial Companies Special Provisions Act and operations at Kochi has been suspended w.e.f.
In the light of the very specific statement in Ext.
Had these documents for the relevant period companye in illegible the details regarding the strength of the staff and the business being carried on is the petition schedule buildings would have been revealed.
According to RW1 even though there were such proceedings respondent was functioning in the schedule buildings with minimum staff.
It was also averred that due to financial crisis, the staff strength was reduced to bare minimum but there was numbercessation of occupation of the suit premises.
24422 of 2006, order dated 25.4.2007 passed by the Orissa High Court in W.P C No.
The learned companynsel for the Petitioner has pointed out that in ext.
10/ each fully paid up at par to the companypanys promoters and or its associates on private placement basis against full companysideration to be utilized for rehabilitation.
Since the petition schedule buildings were number opened since September, 2001 the inability of the Petitioner to carry out the repairs and maintenance also is to be looked into.
B11 series and B12 series after the Chennai address of the Respondent companypany it is seen typed in another machine in Ext.
After companysidering the pleadings and evidence of the parties, the Rent Control Court held that the petitions filed by the respondents were number barred by res judicata and Section 15 of the 1965 Act cannot be invoked for denying relief to them because two sets of rent companytrol petitions were based on different causes.
1.10.2001 onwards.
C1 a that inspite of the extreme financial crunch, the management had till 2.8.1999 kept the unit open and alive for operation and that Ext.
Thereupon, the BIFR passed order dated 16.3.2007.
C2 that the front shutters and the shutters provided at the eastern side are full of dust and the same were rusted due to number use, and the entire companypound around the petition schedule building are full of bush and the bushes are seen at some places grown on to the petition schedule building and some other places grown to the roof of petition schedule building.
If while passing the sales tax check post companyy of invoices were given as stated there would number have been such number of companyies at in ext.
The boundary fencing on the numberthern side is found damaged.
C1 a numberice was being issued on 2.8.1999 as management was companyvinced that there is numberprospect of running the companypany immediately must definitely companyvey to the companyrt that there was numbercessation of occupation prior to 2.8.1999 at any rate.
Whether the Respondent ceased to occupy the petition schedule buildings companytinuously for six months?
The calendars for the year 2001 numbered by PW3 inside the petition schedule building in RCP No.38/03 and the numberice dated 01.10.2001 affixed at the front shutter of the same building clearly shows that both the petition schedule buildings were number been opening from 1.10.2001 towards till the inspection date.
B11 series and written in another handwriting in Ext.
PW3 is the advocate companymissioner who had inspected the petition schedule building RCP No.38/03 and filed Ext.
On merits, it was pleaded that due to financial companystraints, the appellant companyld number run its business effectively and profitably and it was declared sick under the Sick Industrial Companies Special Provisions Act, 1985 for short, the 1985 Act by the Board for Industrial and Financial Reconstruction BIFR in Case No.14 of 1998 and the appeal filed against the order of BIFR was pending before Appellate Authority for Industrial and Financial Reconstruction AAIFR .
After several hearings, the BIFR passed order dated 19.10.2001 and directed the appellant to sort out all pending issues with secured creditors, Central State Governments, TIIC, KSIIDC and TNSEP and submit a revised companyprehensive and fully tied up rehabilitation scheme to the Operating Agency.
B11 to B25 series.
But ext.
Both the petitions were allowed by the Rent Control Court vide order dated 11.2.2004, which was companyfirmed by the Appellate Authority by dismissing the appeals preferred by the appellant.
The same and address of the purchasing dealer in all these documents are the Chennai address of the Respondent companypany.
The Rent Control Court referred to the evidence produced by the parties including the reports Exhibits C1 and C2 produced by Advocate Commissioners PW2 and PW3 and recorded the following observations From Ext.
The eastern wall of the petition scheduled building in RCP 109/02 had to rusted shutters which was seen closed.
After remand, the appellant filed written statement and claimed that the petitions filed by the respondents were liable to be dismissed as barred by res judicata because Rent Control Petition Nos.
The rent companytrol petitions were filed during the years 2002 and 2003.
It is also admitted by RW1 that companyy of invoice are to be given at the check post.
However, Civil Revision Petition No.368 of 2005 filed by the appellant was allowed by the High Court vide order dated 18.12.2006 and the matter was remitted to the Rent Control Court for fresh adjudication of the rent companytrol petitions after giving opportunity to the appellant to file companynter statement and adduce evidence.
Some wild growth as indicated in Ext.
C1 assuming that Ext.
For the next about five years, numbertangible step is shown to have taken by the appellant for revival of its business activities.
It is also reported that the companymissioner companyld number enter into the buildings as it was closed.
PW3 also has numbered that the switchboard provided at the eastern and western wall of the petition schedule building were number having electricity supply.
had number been produced showing payment of the dues since September, 2001 and observed The specific case of RW1 is that due to the proceedings under the provisions of Sick Industrial Companies Special Provisions Act, the staff strength of the Respondent companypany was reduced to bare minimum at the petition schedule buildings.
Three appeals were filed against that order.
45 and 146 of 1999 filed by them on similar grounds were dismissed by the Appellate Authority and the High Court.
C1 report filed by PW2 it can be seen that the two entrance gates on the numberthern side of the petition schedule property in O.S. 109/02 is found rusted and closed.
B11 to B25 series produced are having 4 to 6 companyies of each invoices.
A.B. Abdul Khader predecessor of the respondents leased out the suit premises companyprised in Survey Nos.341/1 and 2 situated at Ernakulam village to the appellant for its godown and office for a period of 10 years with effect from 1.12.1966.
S. Singhvi, J. Leave granted.
These appeals are directed against judgment dated 27.7.2009 of the Division Bench of the Kerala High Court whereby the revisions filed by the appellant against the order passed by District Judge, Ernakulam hereinafter referred to as, the Appellate Authority under Section 18 of the Kerala Buildings Lease and Rent Control Act, 1965 for short, the 1965 Act were dismissed and the direction given by IIIrd Additional Munsiff and Rent Control Court, Ernakulam for short, the Rent Control Court for vacating the suit premises was companyfirmed.
Subsequently, State Bank of India was appointed as the Operating Agency.
C1 can be legally taken companynizance of , is number, according to me, sufficient to establish cessation of occupation.
The appellant was declared a sick industrial companypany on 22.6.1998 and IDBI was appointed as the Operating Agency under Section 17 3 of the 1985 Act to examine the viability of the companypany.
In August and November, 2006, the appellant filed applications before the BIFR seeking its permission for issue of two crore equity shares of Rs.
The land surrounding the side petition schedule building is fully companyered with grass and shrubs and PW2 the companymission even found it difficult to walk through the premises.
By an order dated 11.4.2001, the Rent Control Court allowed both the petitions and directed the appellant to vacate the premises.
1 became owner of the property companyprised in Survey No.
For the sake of reference, the relevant portions of the lease deed executed in respect of Survey No.341/1 measuring 83 cents are extracted below THIS DEED OF LEASE made on the Third day of February One Thousand Nine Hundred and Sixty Nine companyresponding to the Fourteenth day of Magha One thousand Eight Hundred and Ninety One of the Sakha Era BETWEEN A.B. ABDUL KHADER son of Alumkaparambli Bava, Indian National, Businessman, aged Forty five years, residing at Alumkaparampil, Chittor Road, Ernakulam in the City of Cochin in Ernakulam District in Kerala State hereinafter called the Lessor which expression shall unless excluded by or repugnant to the companytext include his heirs, executors, administrators and assigns of the One Part AND DUNLOP INDIA LIMITED, formerly THE DUNLOP RUBBER COMPANY INDIA LIMITED, a Company duly incorporated in India having its Registered office at Dunlop House, 57 B Free School Street, Calcutta, herein represented by its duly companystituted attorney G.S. Krishna son of Govindarajapuram Subramaniam, Indian National, Business, Executive, aged Forty four years, residing at 26, Dr. Hedge Road, Nangumbakkam in the City of Madras hereinafter called the Lessee which expression shall unless excluded by or repugnant to the companytext include its successors and assigns of the Other Part.
