AKANISSERY GOVINDAN NAMBIAR Vs. KARIYATH RAGHAVAN

JUDGEMENT

(1.) Appellant is the landlord. Respondent is the tenant. Appellant sought eviction of the tenant on the ground that the premises were required for the bona fide need of the son of the landlord to start his business in those premises. Initially the petition of the landlord was dismissed and even the appellate authority concurred with the Rent Controller. The main reason for arriving at the concurrent findings was that the landlord had not stated in his petition the exact nature of the business which was required to be carried out by his son in the premises in dispute. The High Court on a revision filed by the landlord, remanded the case to the appellate authority for deciding the appeal afresh, keeping in view the bona fide need of the landlord as pleaded by him.

(2.) The appellate authority, after remand, found that the landlord's need to accommodate his son, Jayarajan, for the bona fide need for starting grocery business was established. However, while the matter was pending before the appellate authority, after remand, it appears, that the landlord got vacant possession of another premises situate adjacent to the petition schedule building belonging to him. On this ground, the tenant advanced a plea based on the proviso to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 before the appellate authority and urged that since another premises was available to the landlord, his genuine need could be met by use of those premises and the ground of bona fide need, to have the tenant evicted, was no longer available to him. The appellate authority with a view to determine the effect of subsequent development appointed a Commissioner to conduct spot inspection of both the premises to find out if the building which had been vacated during the pendency of the proceedings before the appellate authority, was or was not suitable for the proposed business of the son of the landlord Jayarajan. The Local Commissioner submitted his report to which both sides filed objections. The appellate authority after taking into account the counter filed by the landlord and the report of the Local Commissioner arrived at the conclusion.

(3.) The tenant took the matter to the High Court through a revision petition. The learned Division Bench of the Kerala High Court by its order dated 8th March, 1995 allowed the revision petition and set aside the judgment of the appellate authority. The landlord is in appeal by special leave.