SIVASANKARA MENON Vs. SAITHUMUHAMMED

JUDGEMENT

(1.) UNDER challenge in this revision filed by the tenant under Section 20is the judgment of the rent control appellate authority, North Paravur, ordering eviction against the revision petitioner for the first time under sub section (3) of Section 11 of Act 2 of 1965. The landlord had invoked the ground of arrears of rent also. It is conceded by both sides that the said ground no longer survives for consideration.

(2.) THE need projected by the landlord in the rent control petition was that he needs the building for the conduct of business in cane. THE bona fides of the need was disputed by the tenant. THE rent control court, on the basis of the enquiry, came to the conclusion that the need was not bona fide and accordingly dismissed the rent control petition.

(3.) WE have very anxiously considered the rival submissions addressed at the Bar before us. WE have scanned the judgment of the appellate authority as well as the order of the rent control court. The question, which arises for consideration before us, is whether the judgment of the appellate authority suffers from any illegality, irregularity or improprietyas contemplated by Section 20 of Act 2 of 1965. WE have no hesitation to say that the above question can be answered only in favour of the respondent landlord. WE find from the judgment of the appellate authority that the finding therein that the need projected by the landlord is bona fide has been entered on the basis of a correct appreciation of the oral evidence adduced by the landlord as PW1. Bona fides, being a state of mind,evidence regarding the same will be mostly oral and circumstantial.The learned appellate authority has made a critical analysisof PW1's evidence and concludedthat nothing has been brought out in cross examination of PW1 to doubt his creditability. In the teeth of such a finding entered by the statutory final authority on facts, we do not find any justification for interfering with the eviction order which has been passed on the basis of such finding.The revision necessarily has to fail and will stand dismissed.