CHANDU Vs. RAJARABI

JUDGEMENT

(1.) Tenant is the revision petitioner. Revision is filed against the order in LA. No. 1723 of 1998 in R.C. P. No. 18 of 1986 on the file of the Rent Controller / Additional Munsiff, Kasargod.

(2.) The application was preferred under O.6 R.17 read with S.151 of the Code of Civil Procedure and S.23(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965 for amending the counter affidavit dated 19-8-1986 so as to seek the benefit of the first proviso to S.11(3) of the Act. Rent Control court dismissed the application which was confirmed by the Appellate Authority.

(3.) Rent Control petition was preferred by the respondent's herein under S.11(2) and 11(3) of the Act. Rent Control court allowed eviction under S.11(2), however, dismissed the application under S.11(3), Landlords took up the matter in appeal, R.C.A. No.5 of 1988. Appellate Authority found bona fide need in favour of the landlords and granted protection to the tenant under the second proviso to S.11(3). Tenant then filed R.C.R.P. No. 26 of 1989 and the landlord filed R.C.R.P. No. 30 of 1989. Both the revision petitions were disposed of by a common order dated 30-5-1992. Both the revision petitions were dismissed by the revision authority upholding the findings of the Appellate Authority.