REGHUNATHAN P P Vs. MANUELSONS HOTELS PVT LTD

JUDGEMENT

(1.) THE tenant is the revision petitioner. This Revision is filed challenging the concurrent finding under Sections 11(2)(b) and 11(4) (i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act').

(2.) THOUGH a challenge is made under Section 11(2)(b) of the Act before this Court in Revision, the learned counsel for the tenant was unable to assail the said finding. We have gone through the judgment and order passed by the courts below. We do not find any reason to interfere with the finding under Section 11(2)(b) of the Act. Accordingly, we confirm the order of eviction passed under Section 11(2)(b) of the Act.

(3.) THE landlord, a private limited company, is the owner of the petition schedule building which is one of the rooms in a larger multi storeyed complex in Calicut. The first respondent in the Rent Control Petition, who is the revision petitioner herein, was inducted into possession of the petition schedule shop room on lease with effect from 5.10.2004, on a monthly rent of 2,200/ -. The rent was subsequently enhanced to 2,640/ - per month, with effect from 1.4.2007. The case of the landlord is that the first respondent/tenant created a sublease in favour of the second respondent and the second respondent is in possession of the petition schedule shop room. Both the courts below concurrently found in favour of the landlord and held that the tenant is liable to be evicted under Section 11(4)(i) of the Act.