ABDUL RAHIMAN Vs. N MADHAVIKUTTY AMMA AND ORS

JUDGEMENT

(1.) The tenants of two buildings involved in R.C.P.Nos.8/2005 and 9/2005 are in revision before this Court. The first respondent is the landlady and respondent Nos.2 and 3 are the children of the landlady.

(2.) Eviction was sought under Sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The landlady pleaded that the building, which is a double storeyed one abuts the PWD road, viz., Thrissur-Thiruvilwamala road, which has four rooms in the ground floor and two rooms in the upper floor. The three rooms in the ground floor (including petition schedule room) and one room in the upper floor belong to the first respondent landlady. The tenant in R.C.P.No.8/2005 i.e. the petitioner in R.C.R.No.24/2013 is in occupation of the petition schedule room since 23/07/1981 on a monthly rent of Rs. 200/- which was periodically enhanced and the rent as on the date of the eviction petition was Rs. 650/- excluding electricity charges. In respect of the petitioner in R.C.R.No.23/2013 also the rent payable is at the same rate.

(3.) Respondents 2 and 3 are the sons of the first respondent- landlady. The second respondent is working abroad and the third respondent is a taxi driver. For accommodating the two sons of the landlady, the petitions for eviction have been filed. They intend to start business in hardwares and sanitary wares as well as stationery items. The third respondent herein, who was the third petitioner in the eviction petition has been working as taxi driver and it was pleaded that his income is not sufficient to sustain a livelihood.