M.KAMALA Vs. KANIYERAKKAL PUTHIYA PURAYIL NASRI

JUDGEMENT

(1.) THE petitioners, legal representatives of the original tenant, challenge the concurrent findings of the Rent Control Court as well as the Appellate Authority under Sections 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act.

(2.) THE 1st respondent filed R.C.P.No.9/2006 on the file of the Rent Control Court, Kannur against the predecessor -in -interest of the revision petitioners under Section 11(2)(b), 11(3) and 11(4) (iii) of the Act. The ground under Section 11(2)(b) was not pressed. The Rent Control Court by the order dated 30.6.2009 allowed the R.C.P. under Sections 11(3) and 11(4)(iii) of the Act. The legal representatives of the tenant filed R.C.A.No.102/2009 before the Rent Control Appellate Authority, challenging the order of the Rent Control Court. The Appellate Authority confirmed the findings of the Rent Control Court.

(3.) ADMITTEDLY , the petition schedule building was leased out to the predecessor -in -interest of the petitioners(hereinafter referred to as the tenant) on 18.10.1991 fixing a monthly rent of 900/ -. The rent was subsequently enhanced to 1,200/ -. The building was leased out for running jewellery business for the tenant. The tenant started a jewellery under the name and style "Kunhikannan Jewellery". The building is in the heart of Kannur town. The business of the tenant flourised. He acquired another building of his own and shifted the jewellery business to that building. Admittedly, "Kunhikannan Jewellery" is being conducted in the tenant's own building, having sufficient space for the same, which is situated in the same town. According to the tenant, he is conducting business in books in the petition schedule building. The tenant stated that "Kunhikannan Jewellery" was shifted to the new building in 1997 and even thereafter the landlady accepted rent, knowing full well that another business was being conducted in the petition schedule building. The tenant also contended that the business in books cannot be shifted to the newly acquired building, for want of space in the new building.