DAMODARAPRABHU Vs. JAGANALHA PRABHU

JUDGEMENT

(1.) The point that arises for decision is whether the protection under S.11(17) of the Kerala Buildings (Lease and Rent Control) Act (the Act) is available to a tenant who is sought to be evicted under S.11(8) of the Act.

(2.) A tenant who has been ordered to be evicted under S.11(8) of the Act is the revision petitioner. According to the landlord, he leased out the southern portion of his residential building to the tenant on a monthly rent of Rs.7/-. The landlord and his family arc in occupation of the northern portion of the same building. His family consists of his wife, grown up daughters, three sons and a sister. The portion in his possession consists of two rooms, a kitchen and a varandah. The landlord is experiencing considerable difficulty due to lack of space. On these averments he filed the petition for eviction under S.11(8) of the Act since he required additional accommodation for his personal use.

(3.) The tenant contended that the portion now occupied by the landlord is sufficient for his accommodation. It was also contended that the tenant was in continuous occupation of the building prior to 1-4-1940 and therefore, he is entitled to the protection under S.11(17) of the Act. In this Civil Revision Petition we are not concerned with the other contentions of the tenant since the findings on those contentions have become final. The authorities below found that the landlord was entitled to eviction and that the tenant was not entitled to the protection under S.11(17) of the Act.