ANIYERI JAYARAJAN Vs. VALIYA KOOLERI KOORMA YESODA

JUDGEMENT

(1.) Revision petitioner is the tenant in R.C.P. No. 147 of 1991 on the files of the Rent Control Court, Thalassery. The petition for eviction was filed by the landlady under S.11(2)(a)(b) and S.11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as the Act).

(2.) According to the petitioner, the petition schedule building was let out to the tenant on a monthly rent of Rs.140/- on the strength of a kaichit dated 27.10.1989. It was stated that the rent upto 27.10.1989 had been paid. It is further alleged that the landladys husband was in bona fide need of starting a grocery business in the petition schedule building in order to enable him to earn a decent living. Her husband who was earlier employed in Abu Dhabi has returned to India six years ago. He has no other building in his possession and is dependent on the landlady for the building.

(3.) In the counter statement, it was contended by the revision petitioner that the alleged need is not true or genuine and the landladys husband being very affluent was not in need of any such building and that he was looking after his estate. The need has been set up as a pretext to evict the petitioner who is eking out his livelihood from the meager income that he derives from the business which is being carried on in the petition schedule building. It was further contended that even assuming such a need existed there were other building available with the landlady. It was further contended that the petitioner was solely depending on the income from the furniture business and there was no other building available in the locality. Further, it was stated that it was because the tenant refused to enhance the rent that the petition has been filed.