JOHN Vs. A A MANUEL

JUDGEMENT

(1.) TENANT is the revision petitioner. Eviction was sought for under S.11(3) and 11(8) of Act 2 of 1965. Rent Control Court treated the petition as one under S.11(8) of the Act and ordered eviction, which was confirmed by the Appellate Authority. We are therefore concerned in this case only with the question as to whether eviction ordered under S.11(8) of the Act is legal or not.

(2.) THE petition schedule building is the southern most room in the ground floor of a two storeyed building known as "Anjiparambil buildings". There are seven shop rooms in the ground floor of the said building. On the southern side of the building there lies the road to south railway station. Petition schedule building faces to south railway station road. Three rooms on the northern side of the petition schedule building are occupied by a firm and they are conducting leather business. Landlord is in possession of the room which situates immediately north of those three rooms. Landlord is conducting business in electrical goods under the name and style "Anjiparambil Electricals". The room on the northern side of the landlord's room is occupied by Karithala Chits and Financiers Private Ltd. Among the seven rooms, petition schedule room has got the advantage of the main road frontage. Rest of the rooms do not have direct access to the main road but to the side road. Landlord submitted that he wanted the tenanted premises for the expansion of his business. He has stated that he would get the advantage of the main road frontage if he gets the tenanted premises. Further he has got a case that he could exhibit his electrical goods in that room and the present room occupied by him could be used as godown.

(3.) LANDLORD got himself examined as PW.1 and the managing partner of the business conducted in the adjacent room was examined as PW.2. Landlord produced Exts.A1 to A7 documents. Tenant got himself examined as R.W.1 and the Accommodation Controller was examined as R.W.2. Ext.B1 document was produced on the side of the tenant.