VAYANAYI SREEJITH Vs. KUTTIAMBETH ABDUL KHADER

JUDGEMENT

(1.) In the heart of Kannur town, one Sri.Eramu had a property on which situates a building consisting of six rooms spread over two floors. Eramu died. His legal heirs applied for reconstructing the building. The local authority approved the plan. After obtaining approval, the landlords filed six petitions for eviction under Sections 11(3), 11(4)(iv) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act,1965 [hereinafter referred to as, 'the Act'].

(2.) During the course of the proceedings before the Rent Controller, the claim for eviction under Section 11(4)(iv) of the Act was not pressed. However, the claim for eviction under Section 11(3) was allowed in respect of all the six cases and in respect of two cases, claim under Section 11(4)(v) was also allowed. While five of the tenants vacated the respective buildings pursuant to the order of eviction by the Rent Control Court, one tenant deemed it fit to prefer an appeal.

(3.) RCA No.71/2012 was filed by the present revision petitioner, which was dismissed by the Rent Control Appellate Authority by judgment dated 30.11.2019. The tenant in RCP No.180/2008 of the Rent Control Court, Kannur has preferred this revision petition under Section 20 of the Act.