C. VISWANATHAN Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Among the three grounds espoused by a landlord for eviction of a tenant from his building, the one which ultimately survived is that the tenant has ceased to occupy the building for more than six months. Thus, an order of eviction has been granted on the ground envisaged in S.11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). District Court, in revision, did not interfere with the finding of the Appellate Authority as regards the aforesaid ground. This Original Petition is in challenge of the order of the District Court (Ext. P3).

(2.) Finding of the Appellate Authority that the tenant ceased to occupy the building for more then six months, is based on some materials. Ext. X2 is a copy of the application (dated 9-7-1984) filed by the tenant A for shifting his telephone connection from this building to another which contains a clear statement that he had already shifted his residence to the other building. The tenant himself admitted in his evidence that his wife and children were residing in the latter building since 1981. He filed necessary application to shift cooking gas connection to the other building. All these circumstances weighed with the Appellate Authority in reaching the aforesaid finding.

(3.) There is nothing to show that the Appellate Authority has acted on any extraneous material to reach the finding. Learned District Judge was perfectly justified in not interfering with the judgment of the Appellate Authority.