ABDUL RUB Vs. JOBBY THARIAN

JUDGEMENT

(1.) The respondent landlord filed R.C.P. No.13 of 1992 before the Rent Control Court, Aluva, for eviction of the tenant under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short the 'Act'. The Rent Control Court dismissed the petition for eviction. Aggrieved thereby, the landlord filed R.C.A. No.2 of 1994 before the Rent Control Appellate Authority. By the judgment impugned in this Revision Petition, the Appellate Authority ordered eviction under S.11(3) of the Act. Hence this Revision Petition at the instance of the tenant.

(2.) There is no dispute about the fact that the respondent is the owner of the petition schedule building and that the building was let out to the revision petitioner on a monthly rental basis. The revision petitioner is running a department store in the building. The respondent wanted the revision petitioner to hand over vacant possession of the petition schedule building. Need pleaded is that he wanted to do business in rubber. The revision petitioner resisted the claim of the respondent. He contended that the need set up is not genuine but actuated by the oblique motive of extracting higher rent from the tenant.

(3.) The evidence consists of the depositions of P.Ws.1 to 3 and R.Ws.1 and 2 and documents marked as Exts.A1 to A4(a), B1 to B5 and Exts.X1 and X1(a).