RAMESH Vs. SHERAFFUNISA

JUDGEMENT

(1.) The respondent in R.C.P.No.34 of 2016 on the file of the Rent Control Court (Additional Munsiff), Thiruvananthapuram is the petitioner in this revision petition filed under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965.

(2.) In a row building belonging to the respondentlandlady there are five shop rooms. There are tenants in each of the said rooms. The landlady filed five rent control petitions, including present one, for eviction of the respective tenants under Sec. 11(3) of the Act. The need urged is that the daughter of the landlady, Smt.Nabila, who is conducting a hotel in a tenanted building, is in need of all the five rooms for shifting her hotel.

(3.) The respective tenants resisted the eviction petitions on common grounds. They contended that the need urged was not bonafide, the landlady has other building which can be used for the purpose, the pleadings are insufficient to make out a ground under Sec. 11(3) of the Act and the petitioners are entitled to get the benefit of the second proviso to Sec. 11(3) of the Act.