VASANTHA BHAGAVALSINGH Vs. ANTHONY

JUDGEMENT

(1.) This revision is against the direction of the courts below in granting eviction under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent) Control Act, 1965 (hereinafter referred to as, the Act). One Velunni (hereinafter referred to as the original tenant), of whom the revision petitioners as well as respondents 2 to 4 are the legal heirs, took the tenanted premises on lease from the predecessor-in-interest of the first respondent on a monthly rent of Rs. 10 by a registered lease deed of 1952. After the death of the original landlord, the first respondent applied for an order of eviction against the original tenant alleging that rent from February, 1979, had not been paid. It was further alleged that he had removed the wall between two rooms as well as the wall, door and window of another room of the petition schedule building, as a result of which, the security of the building was lost and its value and utility were reduced materially and permanently. Proceedings were initiated after serving a notice demanding vacant possession of the building, which met with a reply stating that the allegation regarding alterations and damage are false.

(2.) The original tenant resisted the petition contending that he had paid Rs. 500 as advance under an agreement for sale of the premises by the first respondent and O.S. No. 108/80 filed by him for specific performance of that agreement was pending. It was further contended that rent was not in arrears and the removal of the wall did not amount to destructive alteration and it was only an ameliorative alteration, which enhanced the utility and convenience of the building, where he was running a hotel.

(3.) In the light of the oral evidence tendered by P.Ws. 1 and 2, R.W. 1 and documents which were marked as Exts. A-1 to A-4 and B-1 to B-4, the Rent Control Court considered the points which were raised for trial and granted eviction under Section 11(2)(b). Eviction under Section 11(4)(ii) was declined. Order of eviction under Section 11(2)(b) was vacated on deposit of arrears. The first respondent took the matter in appeal against the rejection of the prayer for eviction under Section 11(4)(ii). The appeal was allowed. However, this Court set aside the appellate judgment and remanded the matter to the trial court for fresh disposal.