P. SUKUMARAN Vs. K.A. HAMZA HAJI

JUDGEMENT

(1.) Revision petitioner is the tenant. The respondent-landlord filed R.C.P. No. 10/2012 before the Rent Controller (Munsiff), Hosdurg, 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 revision petitioner-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 Rs. 2,000/- for a period of 11 months, on 7.1.2011. The tenant defaulted payment of rent from 7.7.2011. The landlord bona fide requires the petition schedule building for own occupation, in order to start business in readymade textiles. The landlord caused to issue Exhibit A1 registered lawyer notice to which the tenant sent Exhibit A2 reply stating false allegations. Therefore, the Rent Control Petition was filed seeking an order of eviction under Sections 11(2)(b) and 11(3) of the Act.

(3.) The tenant filed objections denying the allegation that there is arrears of rent in respect of the petition schedule building. According to the tenant, he had already paid the rent in respect of the petition schedule building. But, the landlord failed to issue any receipts for such payments. He had paid Rs. 4,000/- to the landlord towards deposit for which as well the landlord failed to issue any receipts. The tenant contended further that, the bona fide need put forward by the landlord is not genuine.