SURESH BABU Vs. M. JAYASANKARAN

JUDGEMENT

(1.) THE petitioners herein are the legal heirs of the original tenant against whom, steps were initiated by the respondent herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for eviction from the tenanted premises.

(2.) IT is for the second time that the matter has reached this Court. On an earlier occasion, this Court had remanded the matter for reconsideration by the Appellate Authority by order dated 26.3.2012.

(3.) IN the first instance, the Rent Control Court by order dated 24.11.2006 found against the landlord and the matter was carried in appeal to the Appellate Authority which allowed the R.C.P in part. Against the judgment of the Appellate Authority, two revision petitions were filed as R.C.R Nos.256 of of 2008 and 28 of 2009, wherein a remand was ordered. The Appellate Authority has thereafter, found in favour of the landlord on the plea of bona fide need under Section 11(3) of the Act and the tenants have been found not entitled to the benefit of the second proviso.