UNNIKURUP Vs. SREEMATHI

JUDGEMENT

(1.) THE tenants are in revision. The respondent landlady sought eviction of the revision petitioners from the petition schedule room under Sections 11(2)(b), 11(3), 11(4)(iii) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act hereinafter referred to as the 'Act'. The case of the respondent landlady was that the petition schedule room which is a partition of her residence was let out to the revision petitioners on a monthly rent of Rs.250/ - and that the rent was in arrears since July, 2002. In spite of statutory notice the revision petitioner failed to pay the rent. It was also urged that the revision petitioners constructed a house of their own and they have no necessity to continue in the petition schedule room. The further case of the landlady was that she wanted the entire building for a comfortable stay with her family as she found it inconvenient and uncomfortable when the revision petitioners continue in the petition schedule room.

(2.) THE revision petitioners countered resisting the prayer for eviction. They took the contention that they have not kept the rent in arrears and that the rate of rent was only Rs.150/ - per month. The allegation that they are having a building of their own was also denied. The further case advanced by the revision petitioner was that the respondent landlady had adopted a son, but later she had abandoned him and at present she is alone in the house. According to the revision petitioners, the respondent landlady can have a comfortable stay in the portion of the building which is now occupied by her.

(3.) THE revision petitioners took the matter in appeal. The learned Rent Control Appellate Authority after a re - appraisal of the evidence confirmed the order of eviction under Section 11(2)(b) and 11(8). However, the order of eviction under Section 11(4)(iii) was vacated. The order of eviction under Section 11(2)(b) and 11(8) are under challenge.