KUNHAMMA Vs. USHA

JUDGEMENT

(1.) THE tenants in proceedings under the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the act) are the revision petitioners. THE landlady/respondent herein initiated proceedings for eviction of the revision petitioners alleging grounds under Ss. 11 (2) (3), (4) (i) and 11 Aof the Act. THE ground under S. 11a of the Act was taken on the fact that the respondent's husband was in military service. But it has to be noted that S. 11a of the Act is applicable only if the building belongs to a military personal. THE authorities below found that S. 11a of the Act has no application aid we feel that the finding is correct.

(2.) THE Rent Control Court allowed eviction only under S. 11 (2) (b) of the Act - arrears of rent. An appeal was filed by the landlady. THE appellate authority confirmed the finding of the Rent Control Court under Ss. 11 A and 11 (4) (i) of the Act and did not agree with the finding recorded by the Rent Control Court under S. 11 (3) of the Act. It reversed the order of the Rent Control Court and allowed eviction under S. 11 (3) of the Act.

(3.) IT was contended that when once she has withdrawn the ground under S. 11 (3) of the Act on an earlier occasion, she cannot raise it now in the present petition. The appellate authority did not agree with this submission of the tenants. The circumstances which would justify the amendment of the earlier application cannot militate against the ground taken by the respondent herein in the present petition. We see no merit in this contention by the tenants and we agree with the appellate authority.