CHACKO GEORGE Vs. SATHEESH NAIR

JUDGEMENT

(1.) Under challenge in these revisions, is the common order passed by the First Additional Rent Control Appellate Authority, Kollam, in R.C.A Nos.19, 21, & 42 to 48/2011 confirming the order of eviction under Section 11(3) dated 31/01/2011 in R.C.O.P Nos.2,3,4,5,8 and 10 to 13 of 2000 by the Rent Control Court, South Paravoor. This is for the second time that the matter has come up in revision before this Court. The respondent landlady sought eviction of the revision petitioners from the petition schedule buildings which are portions in the ground floor of a large building situated at Chathannoor in Kollam District under Section 11(3) of the Act.

(2.) The rooms in the building belong to the respondent and his brother Suresh Chandran Nair. There are 17 rooms in the building which were in possession of different tenants. The landlords initiated separate rent control proceedings, out of which, nine was initiated by the respondent. The need projected was that the respondent and his brother want to occupy the building for the purpose of conducting Consumer Super Market. The revision petitioners, who resisted the claim countered that the need projected was not bonafide and it was only a ruse for eviction. It was further contended that the respondent and his brother were well placed in life having other business concerns and they have other buildings in Kollam Corporation, which are more suited for the propose of conducting the proposed business.

(3.) The Rent Control Court ordered joint trial of all the petitioners and came to the conclusion that the need projected by the respondent stood established in the light of the oral evidence tendered by PW1, who was the manager of the landlords. The Rent Control Court also found that the tenants are not entitled to the protection of the second proviso to sub section (3) of Section 11. Thus, eviction under Section 11(3) was ordered.