AKBAR ALI Vs. NARAYANANKUTTY

JUDGEMENT

(1.) The short point that arises for consideration in these seven Rent Control Revisions is whether the order for joint trial and the consequent order of eviction passed by the learned Rent Controller Under Section 11(3) of Act 2/65 which was confirmed in appeal by the learned Appellate Authority suffer from the vice of illegality, irregularity or impropriety warranting invocation of the revisional jurisdiction of this Court under Section 20 of the Act.

(2.) Eight Rent Control Petitions were filed by the same landlord against different tenants inter alia raising the common ground for eviction under Section 11(3) of the Act. All the petition schedule rooms form part of the ground floor of a larger building. The common ground urged by the landlord is that he requires all the petition schedule buildings/rooms for the purpose of conducting a departmental store. It was averred that in order to conduct a departmental store, necessary modifications and alternations will be effected by him after the buildings are got vacated. Against some of the tenants apart from Section 11(3), other grounds like Section 11(4)(iii) and 11(4)(v) were also projected.

(3.) All the eight Rent Control Petitions were jointly tried and a common order of eviction was passed by the Rent Control Court on the ground of bona fide need and on other grounds also.