RAFEEQUE Vs. SHAIK MUHAMMED

JUDGEMENT

(1.) The dismissal of an eviction petition filed under Sections 11(3) and 11(2) (b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 [for short, the 'Act'] by the Rent Control Appellate Authority reversing the order of eviction passed by the Rent Control Court is challenged by the landlord in this revision.

(2.) The revision petitioner is a Gulf returnee. He let out the petition schedule shop room to the respondenttenant for monthly rent on 18.08.2009 for a period of 11 months. The tenant is conducting a stationery business in the shop room. The revision petitioner contended in the eviction petition that, he was jobless after his return from Gulf and, therefore, bona fide needed the shop room for carrying on a business in stationery-cum-gift shop. He further alleged that the tenant paid rent only upto the month of December, 2009 and kept the rent for subsequent months in arrears. The eviction petition was filed on 08.06.2010 before the expiry of period of lease agreed between parties.

(3.) The rent control court ordered eviction accepting both the grounds which was reversed by the Rent Control Appellate Authority in R.C.A.No.54/2011. According to the Rent Control Appellate Authority, the landlord failed to prove default of payment of rent during the relevant period and also held that the need projected by the landlord was not proved to be bona fide.