THALISH A H Vs. BINU RAJ S

JUDGEMENT

(1.) The landlord of a commercial building situated at Kaloor, within the limits of the Corporation of Kochi, has filed this Original Petition under Art. 227 of the Constitution of India raising an interesting legal question.

(2.) Before we deal with the question, the relevant facts which gave rise to this litigation may be briefly noticed.

(3.) The respondent/tenant is in occupation of approximately 1800 sq. ft. in the building referred to above. The monthly rent that is being paid by the respondent/tenant to the ' landlord is Rs. 23,000/-. Petitioner/landlord initiated eviction proceedings against the respondent under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act before the Rent Control Court, Ernakulam contending that he needed the building for his own occupation to start a business. The Rent Control Court ordered eviction after considering the evidence adduced by the parties on both sides.