MARIYAPPAN Vs. PATHUMUTHU

JUDGEMENT

(1.) THE petitioner, who is the first respondent/tenant in R.C.P. No. 3 of 2010 on the file of the Rent Control Court, Alathur, challenges the concurrent findings of the Rent Control Court and the Appellate Authority under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act').

(2.) THE Rent Control Petition was filed under Sections 11(2)(b) and 11(3) of the Act. The Rent Control Court by the order dated 19.12.2011 allowed the Rent Control Petition under Section 11(3) and dismissed the Rent Control Petition under Section 11(2)(b) of the Act. The tenants challenged the order of the Rent Control Court in R.C.A. No. 8 of 2012 on the file of the Rent Control Appellate Authority, Palakkad. The Appellate Authority dismissed the appeal as per the judgment dated 30.6.2014.

(3.) ACCORDING to the landlady, the petition schedule building is bona fide required for her to start a stationery business. The landlady does not own or possess any other building in the locality. The landlady contended that the tenants are not depending for their livelihood mainly on the income derived from the business conducted in the petition schedule building and that there are other buildings available in the locality to accommodate their business.