POCHAPPAN NARAYANAN Vs. GOPALAN

JUDGEMENT

(1.) This writ petition is filed by the tenants challenging the decision of the District Judge of Tellicherry in R.C.R.P.No. 40 of 1988 rendered under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act), which has come before us on a reference made by Justice Chettur Sankaran Nair on the ground that the view expressed by the learned single Judge of this Court in the case reported in 1989 (2) KLT 549 ) between Mohammed Kunju v. Rajamma appears to go against the tenor of the decision rendered by a Division Bench of this Court in the case reported in 1975 KLT 542 between C. V. Xavier and others v. Francis Leonard Pappali. The relevant facts necessary for a disposal of this case may briefly be stated as follows:

(2.) The first respondent is the landlord and the first petitioner and the 2nd respondent are the tenants under him, of the premises in question which is used for non residential purposes. The landlord made an application for eviction of the tenants on the grounds of arrears of rent, bona fide requirement for personal occupation, subletting and ceasing to occupy the premises. The tenants resisted the application and denied all the allegations of the landlord. The Rent Control Court made an order as per Ext. P1 dated 14-1-1987 allowing the application for eviction under S.11(3) of the Act, on the ground of bona fide requirement for use of the landlord's son. The application of the landlord on other grounds was rejected.

(3.) The tenants took up the matter by way of appeal under S.18 of the Act to the Court of the Subordinate Judge at Payyannur. The landlord also filed his cross objections to the extent his application was rejected in respect of other grounds. The appellate Authority by its order dated 13-1-1988 allowed the tenants' appeal and dismissed the cross objections of the landlord. Thus the landlord's application for eviction stood dismissed.