THANKAMONY AMMA Vs. A.R.AYYAPPAN PILLAI

JUDGEMENT

(1.) The respondent/tenant in a rent control proceedings initiated by the respondents herein are the petitioners in this revision petition. The respondents filed R.C.P.No.58 of 2011 before the Additional Rent Controller, Kollam, seeking eviction under sections 11(2)(b), 11(3) and 11(4)(i). The Additional Rent Controller granted eviction by judgment dated 21.12.2017, against which the revision petitioner filed R.C.A.No.38 of 2018 before the Additional District Judge-VI, Kollam. The appellate authority confirmed the order of eviction by judgment dated 14.7.2020 and it is challenging the said judgment that the revision petition is filed.

(2.) Eviction has been sought on the ground that the landlord intended to put up an additional floor over the existing two-storey residential-cum-commercial building, that the additional construction will require additional car parking space, that the shop rooms in front of the building will have to be demolished to facilitate such additional car parking space and that permission for construction can be obtained only after demolishing the shop rooms in front of the building, which includes the shop room occupied by the petitioner. The landlord had stated that the tenant of the other shop rooms have agreed to surrender, whereas the petitioners have refused to vacate. The Rent Controller rejected the prayer for eviction under Section 11(2)(b) and 11(4)(i). However eviction was ordered under Section 11(3), finding that the need put forward by the landlords was bona fide. The appellate authority agreed with the finding of the Rent Controller and confirmed the order of eviction under Section 11(3).

(3.) Heard Sri B.Vinod on behalf of the revision petitioners and Sri Pratheesh P. on behalf of the respondents/Caveators.