POOVATHOOR MAHESH Vs. BEEVI KHAIRUNISSA

JUDGEMENT

(1.) BALAKRISHNAN, J Order of eviction passed concurrently under Section 11(3) of the Act is challenged by the tenant in this revision. The original landlord Kaziya Hussain Sahib was in Thalassery. His business was wound up. Thereafter, he left for Karnataka. He died leaving behind his wife and two sons. This petition was filed by the landlady (wife of Hussain Sahib) claiming eviction on the ground that one of the sons is unemployed and so he wants to start business in textiles with the help of the other son who is presently working in Gulf countries. The son who was in Gulf country was examined as PW1. It was contended by PW1 that he would come down to Thalassery to help his brother in the conduct of the business in textile.

(2.) THE claim for eviction was resisted by the revision petitioner/tenant contending that the original landlord and his family left for Karnataka several years back and they have absolutely no interest in Thalassery. In support of that it is contended that the notice issued to the landlady in this case was actually not served on her. THE learned Rent Control Court after analysing the evidence found that the need projected is bona fide. THE tenant contended that he is entitled to the protection of the second proviso to sub Section 3 of Section 11 of the Act. That was found against. THE learned Appellate Authority concurred with the order of eviction passed by the Rent Control Court and the appeal was dismissed.

(3.) SRI.P.B.Krishnan, the learned counsel for the revision petitioner would submit that the tenant has been conducting business therein in the building for the last more than three decades and so at least two years' time may be granted to the tenant to surrender the petition schedule building. This request has been resisted by SRI.M.V.Amaresan, the learned counsel appearing for the landlady. SRI.Amaresan also submitted that the monthly rent presently paid is ` 1,500/-. He also submitted that the building consisted of two rooms downstairs and two rooms upstairs and if it is let out now, the landlady will get at least ` 15,000/- per mensem. Considering all the aspects we are inclined to grant time to the tenant till 15/06/12 on the following conditions:-