BOBBY CYRIAC Vs. MOHAMOOD

JUDGEMENT

(1.) Is the tenant obliged to part with possession of the tenanted premises for carrying out the renovation of the building under S.11(5) of Act 2 of 1965 is the question that has come up for consideration in this case.

(2.) Tenant is occupying the upstair portion of a two storied building. Tenant is conducting a dental clinic. In the ground floor of the building landlord is running a bakery. According to the landlord since the building is very old, it requires immediate repairs and renovation. Further it is also stated that the rafters of the ceiling has already become weak and upstair is now being supported with the help of iron pillars and planks. Rafters of the building is also in a damaged condition. Therefore the building requires renovation.

(3.) Tenant resisted the petition. According to the tenant no renovation is required. If at all any renovation is necessary the tenant need not surrender possession of the premises to the petitioner. Further it is also stated that the renovation works could be effected without interfering with the enjoyment of the tenanted premises. The Rent Control Court on the basis of the commission report found that the building requires renovation and a direction was given to the tenant to permit the landlord to make necessary arrangements enabling the landlord to carry out the renovation in the petition schedule building. Tenant preferred appeal challenging the order passed by the Rent Control Court permitting the landlord to carry out the renovation. Cross appeal was preferred by the landlord contending that the tenant is bound to surrender vacant possession till renovation work is completed. Appellate authority dismissed the appeal filed by the tenant and allowed the cross appeal and tenant was directed to remove the furniture, equipments and all other materials belonging to him in the premises and hand over possession and key of the premises to the landlord within 15 days. It was ordered that the landlord shall renovate the building within three months from the date of receipt of possession and the landlord was directed to restore possession of the premises to the tenant on the expiry of three months.