S R BABU Vs. T K VASUDEVAN

JUDGEMENT

(1.) Leave is granted.

(2.) The appeal is directed against the order of the High Court of Kerala at Ernakulam in O.P. No. 2249 of 1994 dated May 20, 1998.

(3.) The appellant is the tenant of respondent No. 1 in respect of premises, Ward No. 28, Changanacherry (hereinafter referred to as 'the suit premises'). The first respondent filed eviction petition (R.C.P. No. 11 of 1983) against the appellant in the Court of the Rent Controller, Kottayam, on three grounds : (i) bona fide requirement for personal occupation under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (Act 2 of 1965) (for short 'the Act'); (ii) bona fide requirement for personal occupation after reconstruction under Section 11 (8) of the Act; and (iii) under Section 11 (4) (iv) of the Act stating that he intends to demolish and re-construct the portion for his more beneficial use. The appellant denied bona fide requirement of the first respondent and contested the eviction petition on all the three counts.