K. KORAN Vs. P.V. MATHAI

JUDGEMENT

(1.) In this revision under Sec. 20 of the Kerala Buildings ( Lease and Rent Control) Act 1965 ( herein after referred to as the 'Act'), the tenant challenges the judgment of Appellate Authority confirming the order of eviction passed by the Rent Control Court under Sec. 11(3) of the Act.

(2.) The respondent/landlady filed the O.P. before the Rent Control Court , Hosdurg seeking eviction under Sec. 11(2),11(3) and 11(4)(i) of the Act on the ground that the tenant has kept rent in arrears, that she bonafide requires the petition schedule building for her dependent son Narayanan for starting business in grocery items and that without her consent, the tenant has subleased the shop room to the second respondent in the petition.

(3.) Revision petitioner/tenant resisted the claim contending that the bonafide need urged by the landlady is not genuine, that he is still conducting chitty business in the petition schedule shop room, that he is depending mainly on the income derived from the business conducted in the petition schedule building and that no other suitable building is available in the locality to shift his business and that he has not subleased the shop room to the second respondent.