MOHAMOOD HAJI Vs. DEVOOTTY AMMA

JUDGEMENT

(1.) THIS Civil Revision Petition arises from R. C. P. No. 128 of 1997 on the file of the Rent Control Court, Vadakara. The petitioners are the tenants and the respondents are the landlords.

(2.) THE landlords filed R. C. P. No. 128 of 1997 praying for eviction of the tenants under S. 11 (3) and 11 (4) (iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act" ). THE Rent Control Court dismissed the petition rejecting the claim of the landlords under S. 11 (3) and 11 (4) (iii) of the Act. Against the order of the Rent Control Court, the landlords filed R. C. A. No. 55 of 1999 in the Court of the Rent Control Appellate Authority, Kozhikode. THE Appellate Authority as per its judgment dated 7th July. 2001 confirmed the finding of the Rent Control Court in respect of the claim under S. 11 (4) (iii), but ordered eviction under S. 11 (3) of the Act. Aggrieved by the judgment of the Rent Control Appellate Authority, the tenants have filed this Revision Petition.

(3.) IN the light of the pleadings and evidence in the case, we agree with the conclusions and the reasoning of the Rent Control Appellate Authority. IN our view, the Rent Control Court committed a grave error in coming to the conclusion that the need set up by the petitioners in the R. C. P. was not bona fide. The reasons stated by the Rent Control Court for arriving at such a conclusion are totally erroneous, irrelevant and invalid. The reasons stated by the Rent Control Appellate Authority for holding that the need set up by the landlords was bona fide, are quite sound, valid and reasonable. Hence, we do not find sufficient grounds or justification to interfere with the impugned judgment of the Rent Control Appellate Authority.