P.P.AKBAR Vs. JOSEPH ANTONY

JUDGEMENT

(1.) This revision is filed against the order passed by the Rent Control Appellate Authority, Kottayam, in RCA 38 of 2018 dtd. 14/11/2022 confirming the order of eviction and dismissing the appeal preferred by the tenant in RCP No.6 of 2017 of the Rent Control Court, Changanacherry dtd. 29/9/2018.

(2.) The respondent herein, the landlord, instituted a Rent Control Petition under Sec. 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965, contending that the petition schedule item No.1 shop room, as well as item No. 2 building taken on rent by the respondent, is required for starting a business of roofing materials. It is also stated in the petition that the revision petitioner-tenant is in possession of another building, and contending that the landlord has no other suitable building for starting with the proposed building, the petition was filed.

(3.) The revision petitioner-tenant filed an objection stating that the landlord had several rooms of his own for starting the proposed business and that the need projected is not bonafide. It is also stated by him that the building referred to by the landlord, which is stated to be that of the tenant, is owned by his wife. It is also stated that the Rent Control Court has already passed an order evicting the occupants in the building owned by the tenant's wife. The tenant is ready to vacate from the petition schedule shop rooms after obtaining vacant possession of the shop rooms she owned.