T SIVAPRAKASH Vs. VATTAKANDY ARAVINDAN

JUDGEMENT

(1.) The tenant is the revision petitioner. The respondent- landlord filed R.C.P.No.54/2010 on the file of the Rent Control Court, Kozhikode, under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred to as 'the Act') seeking eviction of the tenant from the petition schedule building.

(2.) According to the landlord, the petition schedule building was let out to the tenant on a monthly rent of 1,000/-. The tenant defaulted payment of rent from November, 2008 onwards. The landlord along with his family, consisting of wife and two school going children, are presently residing with his elder brother and his family in a house belonging to his father, situated at Puthiyara. As the landlord and his family are experiencing considerable difficulties and inconveniences in having their residence in the said premises along with the family of his brother, the landlord genuinely needs a separate residence for his family. The landlord has no other house of his own except the petition schedule building in the possession of the tenant.

(3.) The tenant filed counter contending that the monthly rent of the petition schedule building is only 400/- and that he has not kept the rent in arrears. When the landlord forcefully evicted him from the petition schedule building he filed O.S.No.833/1992 before the Munsiff's Court-II, Kozhikode. That suit was decreed in his favour and thereafter, the landlord surrendered possession of the building to him in September, 2008. Thereafter, the landlord refused to accept rent from him. According to the tenant, the brother of the landlord is residing in his own house and the landlord is not residing with him. The landlord has got four houses and he is residing in one of those houses along with his father. Out of the four houses, three houses were let out recently. The landlord has no bona fide need of the petition schedule building and the Rent Control Petition was filed in order to let out the said building on higher rent.