GOUTHAMAN Vs. LOHITHAKSHAN

JUDGEMENT

(1.) This is a petition to receive two documents as additional evidence. Respondent has filed counter affidavit.

(2.) Revision petition is by the respondents in R.C.P. 49 of 1986 against the judgment of the appellate authority reversing the order of the Rent Controller refusing eviction under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). Petitioners denied the allegation of the respondent - landlord that he bona fide needs the petition schedule building for the occupation of his dependant son PW-2. Petitioners also maintained that the respondent is in possession of other shop rooms. The Rent Controller on the basis of Ext.A2 found that the landlord is in possession of a shop room. The said finding was reversed by the appellate authority.

(3.) Petitioners aver that the two documents sought to be admitted in evidence would show that, as a matter of fact the landlord had obtained possession of the said room pursuant to the order in R.C.P. 25/1984 and that the landlord instituted the said petition for eviction of the tenant of the eastern shop room and obtained delivery. Document No. I produced along with petition is the copy of the order in R.C.P. 25 of 1984, and document No. II is the copy of the execution petition and the diary of the execution court. Document No. I shows that, eviction was ordered under S.11(2) (b), 11(3) and 11(4)(v) of Act 2 of 1965 and the execution diary in document No. II shows delivery was recorded on 24-7-1984. In view of these two documents, the petitioners state that the contention of the landlord respondent that he did not obtain possession of the eastern shop room is not true. In the counter affidavit filed by the respondent to this petition, he has contended that the revisional court has no jurisdiction to admit the additional evidence, that the said shop room is in the possession of one Sadanandan, and that the said shop room is only a Charumuri which is not suitable for the grocery business for which the eviction of the petition schedule building is sought.