KUNHIKRISHNAN Vs. MADHAVI

JUDGEMENT

(1.) Revision petitioner is the first respondent tenant in a petition for eviction filed under S. 11(2)(b) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act (for short "the Act") by respondent herein.

(2.) The petition for eviction was filed alleging that revision petitioner has taken two shop-rooms belonging to Kandiyan Krishnan, husband of the respondent herein, on the basis of a Kaichit executed on 13-11-1981 agreeing to pay a rent of Rs. 65/- per month. Kandiyan Krishnan died and as per his registered Will the two shop-rooms sought to be recovered were bequeathed to his sons respondents 3 and 4 in the petition giving respondent herein a right to collect rent from the tenant. Revision petition or has attorned to her and her children. Thereafter he was kept rent in arrears from 1st April 1986 and has sub let the rooms to one C.K. Rajesh, second respondent in the petition, to conduct a Furniture Mart in the name and style "New Life Furniture" without the knowledge or consent of the landlord. It was further alleged in the petition that revision petitioner is not occupying the shop-rooms and is conducting a ration shop in his own building. Revision petitioner denied the allegations regarding arrears of rent and subletting and contended that he is still in possession of the shop-rooms and is running the furniture mart by himself. Further it was alleged that Rajesh is only an employee under him who makes furniture for him. He has caused Rajesh to apply for a loan from a Bank under a Self Employment Scheme and for that purpose has executed a document in respect of the shop-rooms purporting to be a lease in favour of Rajesh. The loan is intended for his own purpose. Respondents 2 to 4 remained ex parte during the trial of the petition.

(3.) To establish sub letting of the rooms landlord relied upon Ext. A5, a pass book issued by Rajesh, the alleged subtenant and his father, in the name of a customer who wanted to purchase furniture and Ext. X1 and Ext. X2, registration copy of Kaichit executed and loan application submitted by Rajesh. Ext. X1 is a Kaichit to which revision petitioner and Rajesh are parties. The recitals in Ext. X1 showed that the building sought to be recovered is entrusted to Rajesh, for a period of 9 months on a monthly rent of Rs. 65/- by Revision petitioner. Ext. X2 is the loan application submitted by Rajesh for availing a bank loan.