JESS RAPHEL Vs. REGINA

JUDGEMENT

(1.) This revision arises out of the common judgment in R. C. a. Nos. 118/95 and 1/96 of Rent Control Appellate Authority and III Addl. District Court, Ernakulam. The tenant is the petitioner.

(2.) Smt. K. L. Regina Joseph, landlady of the petition schedule building, filed R. C. P. No. 37/94 before the Addl. Munsiff and Rent Control Court, Ernakulam under S.11(2), 11(3) and 11(4) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as the Act) against Dr. Jess Raphel. It is alleged in the petition that the building was let out to the respondent for his residential purpose on a monthly rent of Rs. 800/- as per agreement dated 20-4-1971. It is also alleged that the respondent had defaulted payment of rent from May, 1977 and that the petitioner needs the building bona fide for her own occupation and for the occupation of her married sons and their families. It is also alleged that the respondent has another building in his possession in the Cochin city, reasonably sufficient for his requirements. Yet another allegation is that contrary to the terms of the lease deed the respondent has made additional construction and effected structural alterations, which materially reduced the value and utility of the building.

(3.) The respondent resisted the petition for eviction on the ground that the petitioner has not given the material particulars as required under S.27 and R.12 of the Act. He has also contended that he has taken the building not for residential purpose but for running a nursing home. Fair rent of the building has been fixed at Rs. 400/- per month in R. C. P. No. 41/77 and the said order has become final. He denies all the grounds mentioned in the petition for eviction.