SHAJU Vs. KARUNYA KURIES & PVT. LTD

JUDGEMENT

(1.) The tenants who suffered concurrent orders of eviction under Sec. 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred as the 'Act'), are the revision petitioners herein. The landlord filed eviction petition against the tenants, who are the legal heirs of the original tenant, for eviction under Ss. 11(3) and 11(4)(v) of the Act. The landlord, a kuri company, wanted to do business in the petition schedule room and moreover, the tenants were not occupying the premises for more than eight months. So, on the ground of bonafide need and cessation of occupation, the eviction petition was filed.

(2.) The tenants opposed that petition contending that, the landlord was having other building for carrying out their business, and the tenants never ceased to occupy the tenanted premises. The original tenant Sri.Mathew fell ill due to an eye surgery and so, the shop room could not be opened for few days. The landlord utilised that opportunity to create false evidence, to see them evicted from the schedule premises.

(3.) The oral testimony of PW1, PW2, RW1, RW2, Exts.A1 to A10, B1 to B3, X1 and C1 constitute the evidence before the Rent Control Court.