LAWS(KER)-2004-12-56

C M BONNY Vs. KOSHI P JOHN

Decided On December 20, 2004
C M Bonny Appellant
V/S
Koshi P John Respondents

JUDGEMENT

(1.) The petitioners (landlords) in R.C.P. 141/90 on the file of the Rent Control Court, Ernakulam, are the revision petitioners. Eviction of the respondent herein from the petition schedule premises was sought on the ground of arrears of rent under S.11(2)(b) and bona fide own occupation under S.11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). Both the Rent Control Court as well as the Rent Control Appellate Authority held that even though the provision of law which was quoted in the Rent Control Petition was S.11(3), the claim of the landlords was really one for additional accommodation for expansion of the business falling under S.11(8) of the Act but disallowed eviction on both grounds. It is aggrieved by the orders rejecting the application for eviction that the landlords have come up in revision.

(2.) We heard Adv. Sri. S.P. Chaly, the learned counsel appearing for the revision petitioners and Adv. Sri. Bechu Kurian Thomas, the learned counsel appearing for the respondent tenant. We also perused the oral and documentary evidence on record.

(3.) Adv. Sri. Bechu Kurian Thomas made the following submissions before us in support of the impugned orders :-