N. AJAYAN Vs. GIRISH BABU

JUDGEMENT

(1.) THE petitioner filed R.C.P.Nos.3/2009, 4/2009 and 5/2009 on the file of the Rent Control (Principal Munsiff's)Court, Neyyattinkara respectively against the respondent (Girish Babu), Rahmath Ali and Gopinathan Nair. The Rent Control Petitions were filed under Section 11(3) and 11(8) of the Kerala Buildings(Lease and Rent Control)Act (hereinafter referred to as 'the Act' for short). The Rent Control Court by order dated 17.12.2010 partly allowed the Rent Control Petitions and granted an order of eviction under Section11 (8) of the Act. The Rent Control Court also held that the ground under Section 11(3) is not made out. Against the order passed by the Rent Control Court, the respondent alone filed R.C.A.No.7/2011 before the Appellate Authority. The other tenants, namely, Rahmath Ali and Gopinathan Nair surrendered the rooms in their possession to the landlord. The Appellate Authority held that the landlord failed to establish the ground under Section 11(8) in respect of the room in the possession of Girish Babu and accordingly, the Rent Control Appeal was allowed and the order passed by the Rent Control Court was set aside.

(2.) THE petition schedule building involved in the present revision is part of a larger building having two floors. In the ground floor, there are five rooms. The easternmost room is occupied by the landlord himself and he is doing business of making Police uniforms and selling necessary articles for the Police as well as sports articles and stationery. On the immediate western side of the room in the occupation of the landlord is the room which was occupied by Gopinathan Nair and on the western side of it, the room occupied by Rahmath Ali is situated. The room in the occupation of the respondent in this Revision is on the further west of the room, which was occupied by Rahmath Ali. The respondent -tenant is an Engineer by profession and he is running his Consulting Office in the petition schedule room. The building was purchased by the landlord on 22.12.2007. The landlord sold the two rooms in the upstair portion in April, 2008, which according to him was for the purpose of expansion of his business.

(3.) IN the Rent Control Petition, the need under Section 11(8) is put forward in paragraphs 6 and 7, which read as follows: "6. Petitioner's business is much developed and he has stored considerable quantity of goods for his business purpose. He decided to conduct the business by establishing separate show room for each item. That is to say separate rooms for Police uniforms, police articles, sports items, Foot Wears, Stationeries, Ladies Fancy, etc. If only these are arranged on separate rooms the customers can select the items according to their will and wish and such an arrangement is highly necessary for the development of the business of the petitioner. 7. The petitioner's wife, namely, K.Ajitha is unemployed graduate and she want to set up a business of her own ladies fancy articles( a Lady Store). For the above said purposes, the petitioner requires the vacant possession of the petition scheduled building." The tenant disputed the need put forward by the landlord. He also raised a contention that the landlord is a real estate broker, that the rooms in the upstair portion were not sold for investing money in his business, that the landlord never invested huge amounts in his business, that the shop room in the occupation of the landlord is sufficient for the purpose of his business and that the alleged need projected by him is not true. The tenant also raised a contention that the wife of the landlord has no plan to conduct any business and she is a shy house wife, who is incompetent to carry out any business. The tenant raised a contention that no suitable rooms are available in the locality for affordable rent. The intention of the landlord is to evict the tenant and the need is put forward only as a ruse for eviction. According to the tenant, the business conducted by him in the petition schedule building is the only means of his livelihood and of his dependents.