P KESAVAN DEAD Vs. AMMUKUTTY AMMA

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High Court of Kerala at Ernakulam dated the 16th October, 1981 in Civil Revn. Petn. No. 1927 of 1981. The appellants are the heirs of the original tenant. The original appellant died and his heirs have been substituted in his place. The landlord being the respondent herein wanted the premises in question for his own use and occupation. He accordingly applied to the Rent Controller for permission. The Rent Controller after hearing the parties granted such permission. The Appellate Authority upholding the order of the Rent Controller, maintained the order of eviction. There was a revision before the learned District Judge. The learned District Judge dismissed the revision petition holding that it was difficult to interfere with the concurrent findings of facts of the Courts below on the bona fide need of the landlord for his own use and occupation.

(2.) The tenant came up before the High Court in second revision and the High Court after hearing the parties and considering the contentions urged before it, dismissed the revision upholding the order of Rent Controller, the Appellate Authority and the District Court under S. 20, Kerala Buildings (Lease and Rent Control) Act, 1965 that the landlord required the premises for his bona fide need and for self occupation.

(3.) The only contention that was urged in the matter was that the landlord was not entitled to eviction under sub-section (3) of S. 11. Sub-section (3) of S. 11 provides as under:-