BASHEER HAJI Vs. SATHYAN

JUDGEMENT

(1.) This Revision Petition is filed by the petitioners who are the tenants, along with respondents 1, 3, 5 and 7 to 9 in R.C.P. No. 32/2007 on the file of the Rent Controller/Munsiff, Nadapuram. The fifth respondent herein is the landlord. The concurrent orders passed by the two authorities, viz., the Rent Control Court as well as the Appellate Authority are under challenge herein. The tenants are doing the business in bakery and fast food service. We heard Shri A. Mohamed Mustaque, learned counsel for the petitioners and Shri K.P. Sudheer, learned counsel for the fifth respondent landlord.

(2.) The landlord sought eviction on the ground under S. 11(3) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'), viz. bona fide need. The need set up is on behalf of P.W. 1, the son of the landlord who is a dependent of his father, to start a furniture business. It is the case of the landlord that he bona fide requires the building for starting a furniture business for his son. The landlord is working in Gulf countries for more than ten years and he is intending to come back to India within two years. They belong to carpenter family who have sufficient know how in carpentry work. Accordingly, he will be able to assist his son in conducting the furniture business.

(3.) The tenants contested the matter on various grounds. It was pointed out that the bona fide need alleged is not genuine. It is also pleaded that the landlord is having the up stair portion of the building which will satisfy their demands. For renovating and furnishing the building, the tenants have spent more than Rs. 28 lakhs and they will be put to real hardship in the matter. The details regarding various previous litigations have also been pointed out. It is also alleged that the landlord's attempt is to evict the tenants for more reasons than one.