SAN VARGHESE Vs. AVIRA PAPPU

JUDGEMENT

(1.) Under challenge in these revisions filed by the landlords under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred to as, the Act, for short) is the judgment of the Rent Control Appellate Authority refusing to order eviction against the respondents/tenants under Sections 11(3) and 11(4)(iv) of the Act, confirming the order of the Rent Control Court dismissing the rent control petitions. Though it was found by the learned Appellate Authority that the need alleged is bona fide, eviction was refused finding that the petitions are bound to fail by virtue of the first proviso to sub-section (3) of Section 11 of the Act. The pleadings in the rent control petitions are identical, but there are variations regarding the terms of the lease deeds. As pleaded, the case of the landlords was that the rooms which are the subject-matter of three rent control petitions viz., RCP Nos. 4/2008, 5/2008 and 6/2008 together with the other portions of the building situated upon the land having a total extent of 4.5 cents in Perumbavoor Town, belong to them and they are under the possession of the respondents/tenants on the basis of separate rental arrangements entered into between them with the previous owners of the building.

(2.) In the room, which is the subject-matter of R.C.P No. 4/2008 (corresponding to RCA No. 25/2009 and RCR No. 391/2010), the office of the Perumbavoor Block Committee of the Indian National Congress Party is functioning.

(3.) In the room, which is the subject-matter of R.C.P No. 5/2008 (corresponding to RCA No. 23/2009 and RCR No. 434 of 2010) Wilson, the tenant therein is conducting a tailoring shop by name Good Will Dress Makers.