LAWS(KER)-2012-3-410

K GURUSWAMY Vs. LILLY JOHN

Decided On March 13, 2012
K.GURUSWAMY AGED 57 YEARS, S/O.SUBRAMANIAN, RESIDING AT 5/2035 ST.VINCENT'S COLONY ROAD KALATHINKUNNU AMSOM DESOM KOZHIKODE TALUK Appellant
V/S
LILLY JOHN, W/O.JOHN JUSTUS, RESIDING AT JOVILLA, 33/2574 A, CHEVAYUR AMSOM AND DESOM, KOZHIKODE TALUK AND DISTRICT. Respondents

JUDGEMENT

(1.) THE tenant is in revision. It is for the second time that this matter is coming up before this Court. THE respondent landlady sought eviction of the revision petitioner from the petition schedule room under Sections 11(3) and 11 (2)(b) of the Kerala Building (Lease and Rent Control) Act, 1965 (hereinafter, referred to as 'the Act'). THE learned Rent Control Court found that the respondent landlady failed to prove that there was arrears of rent and bonafide need. Thus, the R.C.P was dismissed.

(2.) THE matter was taken by the respondent in appeal before the Rent Control Appellate Authority, which concurred with the finding of the Rent Control Court. THE matter came up in revision before this Court as R.C.R No.277/2011.

(3.) AFTER remand, the Rent Control Appellate Authority, after hearing both sides ordered eviction under Section 11(3) of the Act by the impugned judgment.