NEW INDIA ASSURANCE CO LTD Vs. RUKHIYA

JUDGEMENT

(1.) The tenant is in revision. One Varikodan Aboobacker (hereinafter referred to as 'the landlord') of whom the respondents are the legal heirs approached the Rent Control Court, Manjeri for evicting the revision petitioner which is a public sector undertaking from the petition schedule premises under Section 11 (3) of the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Act').

(2.) Admittedly, the petition schedule premises were let out to the revision petitioner for a period of five years from 1.3.2002 as per a registered lease deed. Alleging that the landlord's sons Ashraf and Siddique (respondents 2 and 5) are unemployed and are depending upon the landlord, he sought eviction of the revision petitioner from the petition schedule premises after an unsuccessful demand for vacant possession through a lawyer's notice. Starting a furniture show room was projected as the need.

(3.) The revision petitioner countered that they were occupying the tenanted premises for the last 20 years on the basis of duly executed lease deeds from time to time and lastly on 1.3.2002, it was renewed for a further period of five years. They resisted eviction mainly on the ground that as per clause-4(ii) of the lease deed, the revision petitioner is having a right to get the lease renewed for a further period of five years with increase in rent at the rate of 20% of the existing rent, by giving a notice in writing at least one month before the date of expiry of the period mentioned in the deed. It was also contended that the revision petitioner had issued a communication in that regard by invoking the above provision and have also offered to pay the increased rent at the rate of 20%. According to the revision petitioner, they are having a right to get the lease deed extended for a further period of five years from 28.2.2007. The bona fide need was also disputed contending that the petition schedule premises which is situated on the first floor of the building is not suitable for conducting a furniture show room.