KALLULLATHIL SASIDHARAN Vs. KADEESYNNAM

JUDGEMENT

(1.) The tenant in RCP 32/07 on the files of the Rent Control Court, Vatakara is in revision against the concurrent findings ordering eviction under S.11(4)(v) of the Kerala Buildings (Lease and Rent Control Act), 1965 (for short 'the Act'). The landlords alleged that, the petition schedule shop room is not being put to any use by the tenant for about two years. Contention was that the respondent, even though he is opening the shop room during the morning, is thereafter working as Collection Agent of a chit fund namely, 'Prarthana Chit Funds'. There will not be anybody in the shop room till it is being closed by the tenant, and some very old useless Ayurvedic Medicines alone are kept in bottles in the shop room, which are not fit for sale. There is no sale transactions and the shop room is being opened only as a shield against legal proceedings for eviction.

(2.) The Rent Control Petition was resisted contending that the respondent is doing trade in Ayurvedic medicines in the schedule room after obtaining licence and that the tenant had never kept the room permanently closed. Even though it is admitted that the tenant is working as Collection Agent of a chit fund, it is only for one hour on daily basis and that he is doing business in the scheduled room during the remaining time.

(3.) Evidence on behalf of the landlords consisted of oral testimonies of PW 1, one among the landlords, and PW 2 who is the Advocate Commissioner. Exts. A1 and A2 were marked on behalf of the landlords. Tenant was examined as RW 1. RW 2 is a witness examined on his behalf. Exts. B1 to B29 were marked from the side of the tenant. Ext. C1 is the Commission Report.