KERALA SARVODAYA SANGAM KOZHIKODE Vs. SARA VARGHESE

JUDGEMENT

(1.) Whether the benefit of the second proviso to Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred to as the 'Act' for short) is available to a co- operative society This is the question that arises for determination in the above Rent Control Revision. The short facts of the case are the following.

(2.) The Kerala Sarvodaya Sangam, Kozhikode, the tenant of shop room bearing door No: V/442 of Sulthan Bathery Panchayat, is the revision petitioner. The shop room is occupied by the revision petitioner-tenant on a monthly rent of Rs. 300/- as per a kychit dated 7-3-1998. Subsequently, the rent has been enhanced to Rs. 375/- per month from April 1992.

(3.) The landlord filed the Rent Control Petition seeking eviction of the tenant under Section 11 (2)(b) and Section 11 (3) of the Act. During the pendency of the proceedings, the landlord passed away and his legal representatives have been brought on record. They are the respondents. The Rent Control Petition was filed on the allegation that the shop room was bonafide needed by the landlord for his dependent son Mr. Shaji P. Varghese, a diploma holder in Pharmacy who wanted to start a medical shop in the said shop room. According to the landlord, he was unemployed and no other suitable room for starting the medical shop was available in his possession. Though the landlord had requested for vacant possession of the building, the tenant had declined to surrender possession. Therefore, the landlord claimed possession of the shop room together with arrears of rent and interest at the rate of 6% per annum.