BIJU MATHEW, S/O MATHEW Vs. RAVEENDRANATHA KURUP

JUDGEMENT

(1.) The tenant, who faced an order of eviction in both the courts below under Section 11(8) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as the Act for short), is before us in revision. The respondent, who conducts the business of leather items in the adjacent shop room of the tenanted premises, sought to evict the revision petitioner alleging that he requires additional space for his existing business.

(2.) The revision petitioner resisted the petition contending that the respondent has no title to the tenanted premises. According to him, he is running a medical shop in the petition schedule building on a monthly rent of Rs.2,000/- which was obtained from the father of the respondent who had received a sum of Rs.2 lakhs as advance in the year 1999.

(3.) The trial court, after raising proper points for trial, ordered eviction under Section 11(8) considering the evidence consisting of the oral testimonies of PW1, RW1 to RW3 as well as Exts.A1 to A6, B1, C1 and C2 series. The revision petitioner carried the matter in appeal before the Rent Control Appellate Authority. The learned Rent Control Appellate Authority on a reappraisal of the entire evidence upheld the order of eviction. Thus he has come up in revision before us.