LAWS(KER)-2020-2-80

CHIRAKKUZHIYIL JOSEPH Vs. M.MOOSA HAJI

Decided On February 20, 2020
Chirakkuzhiyil Joseph Appellant
V/S
M.Moosa Haji Respondents

JUDGEMENT

(1.) The revision petitioner was the appellant in RCA No.3/2015 on the file of the Rent Control Appellate Authority (in short "Appellate Authority"), Kalpetta. The respondent in this revision petition was the respondent in the above appeal.

(2.) This revision petition is filed challenging the concurrent findings of the Appellate Authority and the Rent Control Court, Sulthan Bathery, in RCP No.11/2013. The parties are for the sake of convenience, referred to as per their litigate status in the Rent Control Petition ( RCP) as 'petitioner' and 'respondent'.

(3.) The petitioner had filed the RCP against the respondent, inter alia, pleading as follows: A building complex named Alpha Tourist Home was managed by a partnership firm. The firm was dissolved on 31.8.2009. Consequently, the petitioner became the landlord of the building complex. As the respondent had kept the rent in arrears and as the petitioner needed the petition schedule shop room(for brevity hereinafter referred to as 'shop room') for the bona fide need of his younger son, who is depending on him, to start a business in electronics, the petitioner sought eviction of the respondent under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'Act').