A.SADIQ Vs. M.S.M.KASSIM

JUDGEMENT

(1.) THE tenant, who has suffered an order of eviction, which has been confirmed by the Appellate Authority, is in revision before this Court.

(2.) AS of now, the entire issue is confined to the applicability of the provisos to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, in the light of the order of remand made by this Court on a earlier occasion in R.C.R.No.316 of 2008.

(3.) WHAT was considered by the learned Rent Controller and the Appellate Authority is the evidence concerning the applicability of two provisos. The first proviso to Section 11(3) was analysed by the Rent Control Court under point No.1. It is clear from the discussion that the tenant mainly relied on the availability of shop rooms which are owned by the wife of the landlord viz., T.C.Nos.14/2318, 2319, 2320 and 2321 and to prove the same, Ext.B2 order obtained from the Corporation was also produced. He has also a case that shop rooms having T.C.Nos.38/842 and 843 are kept vacant. The said evidence was found to be insufficient by the learned Rent Controller.