SOUMYA K.M. Vs. P.R.SOMASEKHARA KURUP

JUDGEMENT

(1.) The tenant in a proceedings for eviction under Ss. 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act) is the petitioner in this revision petition filed under Sec. 20 of the Act, challenging the decision of the Appellate Authority in granting an order of eviction to the landlord under Sec. 11(3) of the Act, reversing the decision of the Rent Control Court.

(2.) The eviction petition was initially dismissed by the Rent Control Court and the said decision was affirmed in appeal by the Appellate Authority. The aforesaid decisions were, however set aside by this Court in R.C.R. No.73 of 2007 and the eviction petition was remitted to the Rent Control Court to consider the claim of the landlord for eviction under Sec. 11(3) of the Act as also the claim of the tenant that she is entitled to the protection of the second proviso to Sec. 11(3) of the Act afresh, after confirming the remaining findings rendered by the authorities.

(3.) After the remand, the eviction petition was amended by the landlord and the tenant has filed an additional objection to the amended eviction petition. Both landlord and tenant adduced further evidence thereafter. Considering the materials on record, the Rent Control Court dismissed the eviction petition again on the ground that the landlord has not established that the need put forward by him is bona fide. The claim of the tenant that she is entitled to the benefit of the second proviso to Sec. 11(3) of the Act was, however, rejected by the Rent Control Court. The landlord took up the matter in appeal and the Appellate Authority ordered eviction of the tenant under Sec. 11(3) of the Act, reversing the decision of the Rent Control Court. The tenant is aggrieved by the said decision of the Appellate Authority and hence this revision petition.