KARAMBATH SATHYAVALSALAN Vs. KARUVALLI NATARAJAN

JUDGEMENT

(1.) The tenant is in revision. The Rent Control Proceedings were initiated by the respondent against the revision petitioner under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act hereinafter referred to as the "Act" alleging that the daughter of the respondent who is married to an ITI Instructor has obtained the ITI trade certificate in electrical and electronics and as she has no avocation or source of income of her own she intends to start a business in sales and services of electrical appliances and spare parts in the petition schedule premises.

(2.) The revision petitioner resisted the claim contending that the respondent's daughter is well settled, she is having income of her own and the respondent is in possession of several rooms other than the petition schedule premises. It was further contended that the revision petitioner is completely depending on the income derived from the business set up in the petition schedule premises. It was his further case that no other suitable rooms are available in the locality to shift the business. According to the revision petitioner, the need alleged was only a ruse for eviction.

(3.) The learned Rent Controller after raising proper points for trial permitted both sides to adduce evidence which consisted of the oral testimonies of PW1, PW2 and RW1 as well as Exts.A1 to A4 and B1 and B2 series. After evaluating the evidence the learned Rent Controller ordered eviction under Section 11(3).