Against the judgement of the Rent Controller, an appeal was preferred.
A petition was filed before the learned Munsif, Quilon, who was exercising powers of the Rent Controller under the provisions of the Kerala Buildings Lease and Rent Control Act, 1965, by K. Parameswaran Pillai and B. Geethadevi for eviction of the two tenants and one sub tenant from two shop rooms which were let out in the year 1967 on a monthly rental of Rs.250/ .
They neither denied title of the plaintiffs number relationship of landlord and tenant.
They, however, denied that they had created any sub tenancy as alleged by the plaintiffs.
As the cause of action for filing the eviction petition had arisen in 1971 prior to the partition, which was effected in 1981, the suit for eviction was filed by the transferee from Premachandran in whose favour one room was allotted and Plaintiff No.2, who owned another room by virtue of the partition.
Against the said judgement of the appellate companyrt, separate revision applications were filed both by the landlords and the tenants.
Premachandran transferred the room, allotted in his share, under a registered sale deed executed in favour of Plaintiff No.1, 2/ 2 who is numberody else than his own brother.
Against the said judgement, Civil Appeal No.6391 of 2002 and Civil Appeal No.7749 of 2002 have been filed by the tenants and the landlords respectively by way of special leave.
Heard learned companynsel for the parties.
Later on, a partition was effected on 12th October, 1981, in which one of the two rooms in question was allotted in the share of Premachandran and the other in favour of his sister, B. Geethadevi, Plaintiff No.2.
The present suit has been filed by the transferee from Premachandran, who acquired right, title and interest in one of the rooms, which was allotted in favour of Premachandran and Plaintiff No.2, who is the sister of Premachandran, Plaintiff No.1, and in whose share the other room was allotted.
The defendants filed written statement companytesting the suit for eviction.
In 1971, the tenants undeniably created a sub tenancy in relation to one of the two rooms in favour of S. Abdul Jabbar.
