SHAH TEX CORPORATION Vs. KANNOKKARATHI SAJITHA

JUDGEMENT

(1.) The revision petitioner was the appellant in RCA No.179/2011 on the file of the Rent Control Appellate Authority (in short 'Appellate Authority'), Thalassery. 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, Kannur, in RCP No.190/2010. 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: The petition schedule building (for brevity, hereinafter referred to as 'building') is owned by the petitioner. She had leased out the building to the respondent on 28.2.1994 on a monthly rent of Rs 400/-. It was after RCR 31 OF 2020 the building was leased out to the respondent that she purchased the absolute right over the building. The respondent attorned to the ownership. However, since August, 2009, the respondent has kept the rent in arrears, without any reason. The respondent has also ceased to occupy the building for more than a year. The respondent is not opening the building even for cleaning. The long and continuous closure of the building has caused damage to the building and has diminished its value and utility. Though the petitioner had earlier filed RCP 136/2001, the same was dismissed, which order was confirmed in RCA 61/2003. Now the petitioner's son has completed his studies, and he bona fide requires the building to conduct a business in photo framing and glass painting. The building is suitable for his business. The petitioner's son is dependent on her. The respondent is not interested in doing any business in the building. There are other vacant buildings in the locality suitable for the respondent to carry on his RCR 31 OF 2020 business. Hence, the petitioner prayed for an order of eviction under Secs 11(2) (a) (b), 11 (3), 11 (4) (ii) and 11 (4) (v) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act).