MUHAMMED RAFI Vs. NOORJAHAN

JUDGEMENT

(1.) The tenant in a proceedings for eviction under Ss. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act), is the petitioner in this revision petition.

(2.) The subject matter of the proceedings is a shop room. The shop room was let out to the tenant on 23/12/2008 on a monthly rent of Rs.850.00. It is alleged by the landlady in the eviction petition that the tenant is not paying rent in respect of the shop room from the month of October, 2009. It is also alleged by the landlady in the eviction petition that she intends to run a textile business in the shop room, after evicting the tenant. The tenant disputed the allegation in the eviction petition regarding arrears of rent. He has also contended that there is no bona fides in the need set out for eviction under Sec. 11(3) of the Act. According to the tenant, the landlady is an affluent person who does not need to do any business and that she does not have the expertise also in the field of textile business. It was also contended by the tenant that two other tenants in the very same building were evicted by the landlady for the very same purpose and after getting eviction of the premises occupied by those tenants, the landlady let out the premises to other tenants and that the need cannot, therefore, be bona fide for that reason also. The Rent Control Court rejected the contentions raised by the tenant and allowed the eviction petition on both grounds. Even though the tenant challenged the decision of the Rent Control Court in appeal, the Appellate Authority affirmed the decision of the Rent Control Court. Hence, this revision.

(3.) Heard the learned counsel for the tenant.