AUGUSTIN Vs. JOVAN

JUDGEMENT

(1.) The respondent/landlady is the owner of four rooms in a shopping complex, viz. Maliekal Shopping Complex. Two rooms are in the ground floor and two in the first floor. The two rooms in the ground floor are occupied by the two tenants who are the petitioners in the respective revision petitions. The landlord filed R.C.P.Nos.13/2009 and 14/2009 for bonafide occupation of the premises under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act (for short 'the Act). Both the authorities have found in favour of the landlord. Aggrieved by the same, these revision petitions are filed.

(2.) It is the case of the landlady that she wants to start a business in hardware and paints. The landlady is not having any vacant building for doing the proposed business. It was also contended that her son is studying and the business is intended for him also. The family members of the landlady are also in the same line of business.

(3.) The tenants raised various objections including that the landlady is affluent and it is not necessary for her to do a business. Her husband is also well placed and is having business income.