MADHAVAN Vs. LEELAMMA

JUDGEMENT

(1.) The tenant against whom an order of eviction under S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act') was passed by the Rent Control Court which has been confirmed by the appellate authority is the revision petitioner. The landlady purchased two shop rooms in a big building having 9 shop rooms. In one of the shop rooms, the landlady was also doing some business. She purchased 3 shop rooms including the 2 rooms occupied by the revision petitioners in this case and C.R.P. No. 446/91.

(2.) The landlady filed an application under S.11(4)(iv) of the Act. S.11(4)(iv) of the Act provides thus:

(3.) It is not disputed that the building is in a very commercially important locality in Tripunithura Municipality. The case of the landlady is that the locality has improved very much and there are modern buildings and the building in question is an old building and if the building is reconstructed, it will be economically profitable to the landlady. The Rent Control Court considered the evidence in the case and held that the landlady has established the case under S.11(4)(iv) of the Act. The tenant filed an appeal before the appellate authority. The appellate authority confirmed the order of the Rent Control Court. Now the tenant has come up in revision before this Court