BALAN N K Vs. C ANEES

JUDGEMENT

(1.) The tenants, who faced orders of eviction in two separate proceedings instituted by the same landlord under Sections 11(2)(b), 11(3) and 11(4) (iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'), are before us in revision. The rent control petitions were sought to he maintained on the basis of rental arrangements between the petitioners and the previous owner of the premises and subsequent atonement by the petitioners with the respondents (hereinafter referred to as 'the landlords') after purchase of the premises by the landlords on 28-1-1984.

(2.) The allegation of the landlords in the context of the ground of arrears of rent against the petitioner in R.C.R. No. 118/2013 (hereinafter referred to as 'tenant No. 1') who is running a bakery in the name and style 'Prabath Bakery' in the tenanted premises is that the current monthly rent payable by him is Rs. 300 and that he has paid rent at that rate for the period up to 31-12-2003 and thereafter defaulted payment and despite a statutory notice he did not discharge the arrears. In the same context the allegation against the petitioner in R.C.R. No. 142/2011 (hereinafter referred to as 'tenant No. 2') who is running a stationery shop in the adjacent room is that the current monthly rent payable by him is Rs. 500 and that he has paid rent at that rate for the period up to 31-3-2004 and thereafter, defaulted payment a

(3.) In the context of ground of eviction under Section 11(3); landlords claimed that they who are conducting a well-established Hospital and Nursing Home at Perumbavoor, are experiencing shortage of space in the nursing school. Hence, they have decided to construct one more floor above the existing building of the nursing school and a decision to that effect was taken by the Administrative Committee of the hospital. Pursuant to that an application for permit was submitted before the local authority which was forwarded to the Chief Town Planner, Thiruvananthapuram, for approval. The Chief Town Planner issued the permit subject to the following rider: