LIJI AGENCIES Vs. RAGHUNATH

JUDGEMENT

(1.) Under challenge in this revision filed by the tenant, a partnership firm by name "Liji Agencies", is the order of eviction passed against the revision petitioner on the ground of arrears of rent under Section 11(2)(b), subletting under Section 11(4)(i) and cessation of occupation without reasonable cause under Section 11(4)(v) of Act 2 of 1965. The landlord had invoked the ground under Section 11(3) also but that ground does not survive any longer.

(2.) Sri.P.V.Chandramohan, the learned counsel for the revision petitioner submitted at the very outset that as the eviction order passed under Section 11(2)(b) is a tentative one, it will suffice, if the petitioners are given sufficient time to avail the remedy under Section 11(2)(c). Therefore, we confirm the eviction order passed under Section 11(2)(b) and grant to the revision petitioner two months time from today for getting the same vacated under Section 11(2)(c).

(3.) In this revision we are concerned with the correctness of the eviction order passed under Section 11(4) (i) and under Section 11(4)(v). The one argument which was seriously advanced before us by Sri.P.V.Chandramohan was that the combined eviction order passed by the statutory authorities under Section 11(4)(i) and under Section 11(4)(v) is unsustainable in law. According to the learned counsel, there is inherent inconsistency between grounds under Section 11(4)(i) and Section 11(4)(v) and therefore, a combined order under these sub sections cannot be passed. Strong reliance was placed by Sri.P.V.Chandramohan on the judgment of a Division Bench of this Court in Sreekumar v. Parameswaran, 2006 1 RCR(Rent) 267 which takes the view that if the building is occupied by a sub tenant, there cannot be any cessation of occupation under Section 11(4)(v).