RAJAMMA Vs. LEELA

JUDGEMENT

(1.) Additional respondents 2 to 8 in R.C.A. No.59 of 1989 of the Rent Control Appellate Authority, Kollam, are the petitioners in this revision. They are the legal representatives of one Pappu Raghavan, against whom the respondents herein filed R.C.P. No.18 of 1982 before the Rent Control Court, Kollam, for eviction under S.11(2), 11(3) and 11(4) (ii) and (iii) of the Kerala Buildings (Lease and Rent Control) Act, 2 of 1965, hereinafter referred to as the Act.

(2.) It was alleged that the petition schedule premises with the machinery and accessories for a saw mill were leased to Raghavan by one Narayanan, grandfather of the first respondent, on a monthly rent of Rs.525/- on 14-1-1970 for a period of two years. On 1-5-1978, the rent was enhanced to Rs.675/-. Raghavan committed default in payment of rent from 1st of May, 1979 onwards. He was also alleged to have used the saw mill and accessories in an irresponsible and negligent manner that reduced their utility materially and permanently. He had his own building and land suitable to run a saw-mill. The lessor-Narayanan and the first respondent, to whom the petition-schedule property was allotted in partition, issued a notice to Raghavan on 14-7-1979 demanding surrender of the premises and payment of arrears of rent. It was stated that the premises were required by the first respondent to run a saw-mill. But Raghavan did not pay heed to the demands made in the notice. Narayanan died in 1981 and the application for eviction was filed on 19-3-1982, where it was alleged that the premises were required for the use of the son of the respondents, who is unemployed and dependent on them. Raghavan contested the petition. He denied that rent was kept in arrears and claimed that large amount was due to him from the landlord. The claims made under S.11(3) and 11(4) (ii) and(iii) were also disputed and he urged that the petition lacked bona fides.

(3.) By order dated 23-10-1986 the Rent Control Court allowed the petition only under S.11(2)(b) of the Act.