THOMAS Vs. KURIAKOSE

JUDGEMENT

(1.) The respondent tenant in R.C.P. No. 5/2009 before the Rent Control Court, Sulthan Bathery, is the revision petitioner before us. The Rent Control Petition was filed by the landlord seeking eviction of the petitioner tenant under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Building (Lease and Rent Control) Act, 1965, (hereinafter referred to as "the Rent Control Act"). Before the Rent Control Court, the case put up by the landlord was that he required the space occupied by the tenanted premises for the purposes of providing access to his property, situated behind the tenanted premises, where he proposed to put up a new building for his own use. The Rent Control Court relied on a report furnished by the Advocate Commissioner appointed by it, to satisfy itself of the fact that the need projected by the landlord was a bonafide one. It was also found that the tenant owned another shop room in the same locality, and there was nothing on record to show that the said building was not reasonably sufficient for his business purposes. In fact, the Rent Control Court, on an analysis of the evidence that was adduced in the case, found that the shop room that was owned by the tenant was reasonably sufficient for his business purposes. In the light of the said evidence, therefore, the Rent Control Court found that the tenant was liable to surrender vacant possession of the petition scheduled shop room within one month of the order, on the ground of arrears of rent under Section 11(2)(b), bonafide need of the petitioner under Section 11(3) and also under Section 11(4)(iii).

(2.) Aggrieved by the order of the Rent Control Court, the petitioner preferred an appeal before the Rent Control Appellate Court which proceeded to confirm the findings of the court below. It is against the order of the Rent Control Appellate Court, that the present Revision has been filed by the petitioner tenant.

(3.) We heard Adv. Sri. S.M. Prasanth, the learned counsel for the petitioner and Adv. Sri. John Varghese, the learned counsel appearing on behalf of the respondent.