DEVIS Vs. THOMAS

JUDGEMENT

(1.) The landlord is the revision petitioner. Alleging failure on the part of the revision petitioner to occupy the tenanted premises which was taken delivery pursuant to an order under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Act' for short) in RCP No. 89 of 1997 on the file of the Rent Control Court, Thrissur, the respondent (tenant) approached the said court under Section 11(12) of the Act praying that he be restored to possession of the building.

(2.) The revision petitioner resisted the petition. He contended that his wife for whose need, eviction was sought for, had occupied the premises and had begun the proposed garment business pursuant to the need projected in the Rent Control Petition. However, as the business did not flourish, she started business of hardware in the tenanted premises. His further case was that he also helped his wife in the business. It was further contended that the petition was barred by limitation, since it was filed only after the expiry of the period of one month under sub section (13) of Section 11. Other contentions were also raised.

(3.) The Rent Control Court, considering the evidence consisting of the oral testimonies of Pws.1 to 3, Rws.1 and 2 and CW1 as well as Exts.A1 to A9, B1 to B9, C1 and Exts.X1 to X10, dismissed the petition.