K I SUNNY, Vs. JYOTHI K S

JUDGEMENT

(1.) The revision petitioner is the tenant. He challenges the order of eviction under Section 11(4)(i) of the Kerala Building (Lease and Rent Control) Act, 1965 (for brevity 'the Act'). The order of eviction, passed by the Rent Control Court, Kozhikode, in R.C.P. No.38 of 2016, was confirmed by the Rent Control Appellate Authority, Kozhikode in R.C.A. No.100 of 2019. 1st respondent is the landlord and the 2nd respondent is the sublessee. For easier comprehension, parties shall be referred as landlord, tenant and sub-lessee.

(2.) The landlord instituted the petition for eviction alleging that the tenant had not been conducting the business in the petition schedule building for more than one and a half years and that the landlord realised the creation of sublease only later and also that the sub-lessee is conducting a travel agency by name K.P.Travels. After statutory notice, the eviction was sought.

(3.) The tenant denied the sublease as well as the existence of the travel agency and contended that the sub-lessee was only a commission agent under him. Contrary to the contentions raised by the tenant, the alleged sub-lessee, in his objection, though denied the sublease, stated that a travel agency is being conducted in the petition schedule building in partnership with the tenant and on that basis, he claimed dismissal of the petition for eviction.