THAZHATHE PUTHEN VEETTIL KRISHNAN NAIR Vs. MOHAMMED

JUDGEMENT

(1.) Is failure to mention the need for own occupation in the lawyer notice issued pertaining to S.11(4)(ii) fatal to the claim under S.11(3) is the question that has come up for consideration in this case.

(2.) Landlord sent lawyer's notice dated 3.12.1991 contending that the tenant has used the premises in such a manner as to destroy its value and utility materially and permanently. Two weeks later he sent another notice dated 17.12.1991 seeking eviction on the ground of bona fide need for own occupation. Contention was raised by the tenant that non mentioning of bona fide need in the notice sent on 3,12.1991 would show that there is no bona fides in the plea raised under S.11(3) and therefore the same has to be rejected. Rent Control Court repelled the contention of the tenant, but was accepted by the Appellate Authority holding that non mention of the bona fide need in the first notice would show that there is no bona fide. Legislature has contemplated issuance of prior notice in seeking eviction under S.11(4)(i) and S.11(2)(b) of the Act. Sending of notice is not a precondition for filing application under S.11(3) or under S.11(4)(ii). Proviso to S.11(4)(i) states that application under that Section shall be made only after sending a registered notice to the tenant. Landlord however could file application under S.11(3) and also under S.11(4)(ii) for eviction without sending any prior notice. Landlord in the instant case when convinced that tenant is using the building in such a manner as to destroy its value and utility either materially or permanently had sent a notice though not a precondition. We are therefore in agreement with the Rent Control Court that failure to mention the bona fide need in notice issued under S.11(4)(ii) would not vitiate a claim under S.11(3).

(3.) Landlord wanted the tenanted premises for the purpose of conducting a wholesale dealership in sugar. Landlord admittedly is conducting grocery shop near the railway station as M.V. Stores which is situated 10 to 15 ft. away from the tenanted premises. Landlord wanted to conduct wholesale dealership in sugar and for that purpose a godown is necessary to stock sugar. Availability of a godown is a condition precedent for applying for the wholesale dealership.