A. MAJEED Vs. S. RADHAKRISHNAN NAIR

JUDGEMENT

(1.) THE tenant has come up in revision.

(2.) RESPONDENTS sought eviction of the revision petitioner under Section 11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, claiming title under one deceased Devaki Amma. It was alleged that the petition schedule premises was leased out to the petitioner in the year 1987 on a monthly rent of Rs. 250/ - for running a studio and subsequently, the rent has enhanced to Rs. 400/ -. It was further alleged that the revision petitioner defaulted in paying rent since 1999 and the 10th respondent required the petition schedule premises to conduct a fancy store as he is not having any source of livelihood. A lawyer's notice was served on the revision petitioner and it was replied against expressing the unwillingness to surrender vacant possession. Thus the matter was taken before the Rent Control Court.

(3.) THE learned Rent Controller after raising proper points for trial permitted both sides to adduce their evidence. After an elaborate consideration of the evidence the Rent Controller disallowed the appeal under Section 11(2)(b) and allowed eviction under Section 11(3).