In estas revision petitions challenging an appellate court order recognizing eviction petitioners’ title, the Division Bench held that title was established. The court ruled the Appellate Court’s findings needed no review and dismissed the revisions, leaving eviction proceedings to be decided on evidence.
The revision petitions were dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
RCREV. NO. 79 OF 2022
AGAINST THE ORDERIA 1194/2018 IN RCP 4/2013 OF MUNSIFF
COURT,CHENGANNUR
RCA 2/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONERS/RESPONDENTS – 3 & 4 / RESPONDENTS -3&4
1 SURESHAGED 47 YEARS
S/O. LATE SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689
121.
2SUNIL,
AGED 42 YEARS
S/O. LATE SUKUMARAN, KALATHARAYIL HOUSE, THITTAMEL
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689
121, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
SURESH, AGED 47 YEARS, S/O. LATE. SUKUMARAN,
KALATHARAYIL HOUSE, THITTAMEL MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, PIN 689 121.
BY ADV N.ASHOK KUMAR
RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENTS – 5 / PETITIONERS –
2TO 4 & RESPONDENT - 5:
1MARIAMMA JOY JOHN
AGED 69 YEARS
W/O. LATE V. JOHN, OOZHATHIL HOUSE, (VELLORUZHATHIL),
VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN 689 121.
2 SHERLY JOHN, AGED 42 YEARSD/O. LATE V.J. JOHN, OOZHATHIL HOUSE, (VELLOORUZHATHIL)
VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN 689 121, REPRESENTED BY POWER OF ATTORNEY
HOLDER, MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE V.
J. JOHN, OOZHATHIL HOUSE, (VELLORUZHATHIL), VAZHAR
MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK,
PIN 689 121.
R.C. Rev. No. 79/2022 & cons.
2
3DAVIS JOHN,
AGED 40 YEARS
S/O. LATE V. J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN 689 121, REPRESENTED
BY POWER OF ATTORNEY HOLDER, MARIAMMA JOY JOHN,
AGED 69 YEARS, W/O. LATE V.J. JOHN, OOZHATHIL
HOUSE, (VELLORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN 689 121.
4SHERIN JOHN,
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN 689 121, NOW AT
CENTRAL JAIL, C/O. CENTRAL JAIL SUPERINTENDENT ,
POOJAPPURA, THIRUVANANTHAPURAM, PIN 695 012.
BY ADVS.
P.HARIDAS (CAVEATOR)
P.HARIDAS
R.V.SREEJITH
P.C.SHIJIN
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.C. Rev. No. 79/2022 & cons.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
RCREV. NO. 81 OF 2022
AGAINST THE ORDERIA 1187/2018 IN RCP 1/2013 OF MUNSIFF
COURT,CHENGANNUR
RCA 5/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONERS/RESPONDENTS – 1 &2/RESPONDENTS – 1 & 2:
1 MARIAMMA SAMUELAGED 78 YEARS
W/O.T.T. THOMAS, KAIPPALLIMADAM PEEDIKAYIL HOUSE,
KEEZHCHERI MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN - 689121.
2ANIYAN
AGED 57 YEARS
S/O. MARIAMMA SAMUEL, KAIPPALLIMADAM PEEDIKAYIL
HOUSE, KEEZHCHERI MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, PIN - 689121.
BY ADV N.ASHOK KUMAR
RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENTS – 3/PETITIONERS-2
TO 4 & RESPONDENT-3:
1MARIYAMMA JOY JOHN
W/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
2 SHERLY JOHN AGED 42 YEARS D/O. LATE V.J. JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN - 689121. REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAMR.C. Rev. No. 79/2022 & cons.
4
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
3DAVIS JOHN
AGED 40 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,
OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
4SHERIN JOHN
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
NOW AT CENTRAL JAIL, C/O. CENTRAL JAIL
SUPERINTENDENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN
- 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
SHIJIMOL M.MATHEW
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.C. Rev. No. 79/2022 & cons.
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
RCREV. NO. 84 OF 2022
AGAINST THE ORDER/JUDGMENTRCP 3/2013 OF MUNSIFF
COURT,CHENGANNUR
RCA 3/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
REVISION PETITIONER/RESPONDENT - 1/RESPONDENT-1:
K.T.THOMAS
AGED 67 YEARS
S/O. K.G.THOMAS KADAKKETHU HOUSE, ANGADICAL MURI
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121.
BY ADV N.ASHOK KUMAR
RESPONDENTS/APPELLANTS-1 TO 3 & RESPONDENT -2 /PETITIONERS – 2 TO 4 & RESPONDENT-2:
1 MARIAMMA JOY JOHN,W/O. LATE. V.J.JOHN, OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121.2 SHERLY JOHN,AGED ABOUT 42 YEARS, D/O. LATE.V.J.JOHN OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121, REPRESENTED BY POWER OF ATTORNEY HOLDER, MARIAMMA JOY JOHN, AGED 69 YEARS, W/O. LATE.V.J.JOHN, OOZHATHIL HOUSE,(VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE CHENGANNUR TALUK, PIN689121.3 DAVIS JOHN,AGED ABOUT 40 YEARS, S/O. LATE.V.J.JOHN OOZHATHIL HOUSE (VELLOORUZHATHIL) VAZHAR MANGALAM MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121, REPRESENTED BY POWER OF ATTORNEY HOLDER, MARIAMMAR.C. Rev. No. 79/2022 & cons.
6
JOY JOHN, AGED 69 YEARS, W/O. LATE.V.J.JOHN,
OOZHATHIL HOUSE VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE CHENGANNUR TALUK, PIN-689121.
4SHERIN JOHN,
AGED ABOUT 37 YEARS, S/O. LATE.V.J.JOHN OOZHATHIL
HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN-689121,
NOW AT CENTRAL JAIL, C/O. CENTRAL JAIL
SUPERINTENDENT, POOJAPPURA, THIRUVANANTHAPURAM, PIN
- 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
P.C.SHIJIN
SHIJIMOL M.MATHEW
BIJU HARIHARAN
RISHIKESH HARIDAS
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.C. Rev. No. 79/2022 & cons.
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
RCREV. NO. 80 OF 2022
AGAINST THE ORDERIA 1190/2018 IN RCP 2/2013 OF MUNSIFF
COURT,CHENGANNUR
RCA 4/2020 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
REVISION PETITIONERS/RESPONDENT 1 & 3/ RESPONDENTS 1 & 3:
1PONNAPPAN PILLAI
AGED 80 YEARS
S/O. THAMPI PILLAI, GOVINDAVILASOM HOUSE,
KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR
TALUK, PIN - 689121.
2RAJENDRAN,
AGED 52 YEARS
S/O. PONNAPPAN PILLAI, THATTARATHU HOUSE, THALAYUR
MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK, PIN -
689106.
BY ADV N.ASHOK KUMAR
RESPONDENTS/APPELLANTS – 1 TO 3 & RESPONDENT – 4 /
PETITIONERS- 2 TO 4 & RESPONDENT -4:
1MARIAMMA JOY JOHN
AGED 69 YEARS
W/O. V.J. JOHN, D/O. LATE V.J. JOHN, OOZHATHIL
HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN - 689121.
2SHERLY JOHN
AGED 42 YEARS
D/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,
R.C. Rev. No. 79/2022 & cons.
8
OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
3DAVIS JOHN,
AGED 40 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121.
REPRESENTED BY POWER OF ATTORNEY HOLDER MARIAMMA
JOY JOHN, AGED 69 YEARS, W/O. LATE V.J. JOHN,
OOZHATHIL HOUSE (VELLOORUZHATHIL), VAZHAR MANGALAM
MURI, CHENGANNUR VILLAGE, CHENGANNUR TALUK, PIN -
689121.
4SHERIN JOHN,
AGED 37 YEARS
S/O. LATE V.J. JOHN, OOZHATHIL HOUSE
(VELLOORUZHATHIL), VAZHAR MANGALAM MURI, CHENGANNUR
VILLAGE, CHENGANNUR TALUK, PIN - 689121. NOW AT
CENTRAL JAIL, C/O. CENTRAL JAIL SUPERINTENDENT,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012.
BY ADVS.
P.HARIDAS
R.V.SREEJITH
SHIJIMOL M.MATHEW
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION
ON 04.11.2022, ALONG WITH RCRev..79/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.C. Rev. No. 79/2022 & cons.
9
[RC.Rev. Nos.79/2022,80/2022,81/2022,84/2022]
Dated this the 04th day of November, 2022
JUDGMENT
A. MUHAMED MUSTAQUE, J.
The dispute regarding the title raised by the tenant in Rent Control Petition, resulted to this proceeding. The Rent Controller upheld the objection of the revision petitioners. On appeal filed by the petitioner for evictions, the appellate authority overturned the findings and found that petitioners have title. This is how, the respondents in the Rent Control Petition for evictions, have come up before us.
R.C. Rev. No. 79/2022 & cons.
10
the finding in Ext. A15, A19, A23, A27 and as well as B series B28, B33 as well as judgments produced in the appellate stage marked as Ext. A47 would show that the title of Bhargavi Amma was never in dispute. The rest of the matter can be decided in the Rent Control petition based on the evidence to be adduced by the parties. The finding of facts now so rendered by the Appellate Court, need not require any further review by this court, invoking revisional power.
We are of the view that the present petitioners in Rent Control Petition are able to establish prima facie title to their property and building and the Appellate Court is justified in setting aside the order in Rent Controller. Accordingly, the revision petitions are dismissed. No costs.
Sd/A. MUHAMED MUSTAQUE, JUDGE
Sd/SHOBA ANNAMMA EAPEN, JUDGE
san
3 issues framed by the court
Whether the revision petitions against the appellate court’s order recognizing the petitioners’ title are maintainable.
Whether the finding of title in favor of the eviction petitioners requires review under revisional jurisdiction.
Whether the trial court’s eviction proceedings should be decided based on the Appellate Court’s findings on title.
Suresh
Sunil
Mariamma Joy John
Sherly John
Davis John
Sherin John
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court