K C ASHOKAN Vs. KANDATHIL SASIDHARAN

JUDGEMENT

(1.) The tenant of a building, who is aggrieved by the concurrent findings rendered by the Rent Control Court as well as the appellate authority, is before us in this Rent Control Revision.

(2.) The landlord sought eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, 'the Act') for conducting business. He was in Gulf countries but later he lost his job and returned to his native place. The tenant had raised various contentions disputing the bona fide need of the landlord and evidence was let in by both parties. The Rent Control Court found that the bona fide need of the landlord has been proved and accordingly directed the petitioner to vacate the petition schedule building. The Appellate Authority has considered the matter in detail. The learned counsel for the petitioner submitted that the findings entered by the authorities are not convincing on the aspect of bona fide need. It is also submitted that there is evidence that the landlord is proposing to sell the building. It is argued that with regard to the availability of the other buildings in the locality, the evidence adduced by the tenant is sufficient to discharge his burden.

(3.) The learned Senior Counsel appearing for the respondent submitted that all the aspects have been considered properly and the orders do not require any interference.