C.J. GEORGE Vs. M.P. VARGHESE

JUDGEMENT

(1.) The tenant/revision petitioner is aggrieved by the judgment in RCA No.1/2019 on the files of the Rent Control Appellate Authority (District Judge), Kalpetta, Wayanad, that confirmed the order of eviction under Sec. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, 'the Act') passed by the Rent Control Court (Munsiff/Magistrate), Sulthanbathery, Wayanad in RCP No.18/2014.

(2.) The respondent/landlord herein filed the petition for eviction under Ss. 11(2)(b) and 11(3) of the Act, contending that the petition schedule room was let out to the tenant in the year 2001 and by the agreement arrived at on 1/10/2007, the monthly rent was fixed at Rs.8,260.00 for five years. The landlord also contended that the rent was later enhanced to Rs.30,000.00 from 1/4/2009, and the rent from 30/9/2009 is in arrears and prayed for eviction under Sec. 11(2)(b) of the Act. The landlord further contended that the son of the petitioner, one Sabu, was employed temporarily in a petrol bunk, and as he is currently unemployed and depending on the petitioner for his livelihood, the petitioner is in bona fide need of the petition scheduled room for commencing business for his son.

(3.) The tenant resisted the rent control petition contending that the room in question was rented out to him from 1/10/2007 for Rs.8,260.00 as rent, and there was no agreement for any enhancement after that. The allegation that the rent is in arrears from 1/10/2009 was denied. The plea of the bonafide need was also denied by the tenant, who also contended that there are several shop rooms in the possession of the landlord. The tenant also pleaded the protection of the first and the second provisos to Sec. 11(3) of the Act.