LAWS(KER)-2013-1-432

POYYERI TRADERS AND ORS Vs. S M HYRUNNEESA

Decided On January 17, 2013
Poyyeri Traders And Ors Appellant
V/S
S M Hyrunneesa Respondents

JUDGEMENT

(1.) The tenant, who faced orders of eviction in both the courts below under Section 11(3) of the Kerala (Buildings, Lease and Rent Control) Act, 1965 (hereinafter referred to as the 'Act' for short), is before us in revision.

(2.) The respondent herein filed the Rent Control Petition alleging that the petition schedule building which was leased out to one Koliyott Rohini was sub let by her to the first revision petitioner for higher rent. Further, the son of the first respondent who is her dependent bona fide requires the petition schedule building for doing business in rice and grocery items.

(3.) The respondent claimed title to the tenanted premises as per a sale deed of 2006. It was further contended that the revision petitioners are the co-owners of the building and the need projected is only a ruse for eviction. The allegation regarding sub lease was also denied. They would further contend that the income set up by them in the tenanted premises is the sole source of their livelihood.