JERRY JOSEPH MICHAEL Vs. SELVARAJ

JUDGEMENT

(1.) The landlord - petitioner in R.C.P. No. 49/1994 on the file of the Rent Control Court, Alappuzha is the revision petitioner. The R.C.P. is filed seeking eviction of the respondent under S.11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (Kerala Act, 2/1965).

(2.) The respondent is conducting a Jewellery business in the petition schedule premises after obtaining the same on rent from the original landlord. The revision petitioner purchased the petition schedule room as per the registered assignment deed dated 31.5.1993 from the original owner. Thereafter respondent attorned to the revision petitioner and has been paying rent. The rent due from 1.6.1993 was in arrears. The revision petitioner needs the petition schedule building to conduct a business of his own. Therefore, the above R.C.P. is filed by him.

(3.) The respondent resisted the petition contending that he has been in possession of the building prior to the year 1940 and as such he is entitled to the benefit of S.11(17) of the Kerala Act 2/1965. He has also contended that the claim for eviction of the building on the ground of bona fide need is not at all bona fide and it is only a ruse to evict him. The Rent Control Court dismissed the petition. The landlord preferred R.C.A. No. 57/95 before the Rent Control Appellate Authority, Alappuzha. During the pendency of the appeal the claim for eviction under S.11(2) of the Kerala Act 2/65 was not pressed since the respondent paid the entire rent. The appellate court also concurred with the finding of the Rent Control Court under S.11(3) and dismissed the appeal confirming the order passed by the Rent Control Court on that ground. Hence this revision is preferred before this Court by the landlord.