KURIAN Vs. PRATHAPAN

JUDGEMENT

(1.) Appellant in R.C.A. 62 of 1989,114 of 1989,17 of 1989,84 of 1989 and 51 of 1989 is the petitioner in these revision petitions. The said appeals respectively were against the orders in R.C.P. 178 of 1983,175 of 1983,176 of 1983,177 of 1983 and R.C.P. 173 of 1983 filed by the revision petitioner for eviction of the tenant from five rooms in a double storeyed building having three rooms in the first floor and six rooms in the ground floor.

(2.) The five rooms involved in these revision petitions were let out to the respective respondents by the predecessor of the revision petitioner. Revision petitioner alleged that the building belonged to his maternal grand father Olikkal Pothen Mathew who let out one room each to the respondent in the respective revision petitions. According to the petitioner the said rooms were let out for their residence. Olikkal Pothen Mathew executed Ext. Al gift deed in favour of the revision petitioner. Respondent in R.C.P. 175 of 1983 is in possession of a room on an agreement to pay Rs. 40/ per month. Rent for the room in R.C.P. 173 of 1983 is R.s 75/-, R.40/- for the room in R.C.P. 177 of 1983, and Rs. 80/- each for the rooms in R.C.P. 178 of 1983 and 176 of 1983.

(3.) The common ground for eviction was, S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (for short 'the Act'). Revision petitioner alleged, he bona fide needs the building for his own residence; he contended, he has no other building to reside. In R.C.P. 173 of 1983 and 178 of 1983 eviction was sought under S.1 l(2)(b) also on the ground that those respondents kept arrears and inspite of demand neither have they paid the arrears nor have tendered the same. There is yet another ground in R.C.P. 173 of 1983; petitioner alleged, the room was sublet without his consent and hence he is entitled to eviction under S.11(4)(1) of the Act also.