APPUKUTTY Vs. VALIYA KANDI KUNHAHAMMED HAJI

JUDGEMENT

(1.) The revision petitioner is the tenant. The first respondent/landlord filed R.C.P No.231/2014 before the Rent Control Court (Additional Munsiff-1), Kozhikode against the petitioner and the second respondent herein/tenants for eviction under Sec. 11(3) & 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the Act"). The Rent Control Court dismissed that petition. In the appeal preferred by the first respondent/landlord as R.C.A.No.120/2016, the Rent Control Appellate Authority (Additional District Judge-II), Kozhikode, reversed the order of dismissal and ordered eviction under Sec. 11(4)(ii) of the Act. Feeling aggrieved thereof, the petitioner/tenant, invoking the jurisdiction of this Court under Sec. 20 of the Act, has filed this revision petition.

(2.) Admittedly, the revision petitioner is the tenant of a building belonging to the first respondent/landlord. The second respondent is the co-tenant. The revision petitioner/tenant is an artist and he is occupying the staircase room described as the petition schedule room from 2005 onwards. There is no dispute regarding the tenancy arrangement and rate of rent.

(3.) The pleadings relevant for the disposal of this case are as follows: