SUBBARALAYU Vs. IQBAL RAWOOF SAIT @ NAZEER

JUDGEMENT

(1.) THIS revision is filed by the tenant of a hotel by name 'Hotel Murukananda Bhavan' which is being conducted in the petition scheduled building. The landlord filed eviction petition under Sections 11(2)(b), 11(3), 11(4)(i), (ii), (iii) and (v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The Rent Control Court ordered eviction under Sections 11(3) and 11(4)(iii) of the Act, which stands confirmed by the Appellate Authority.

(2.) GOING by the pleadings of the landlord, the bonafide need pleaded is to start furniture business. It is averred that he has sufficient funds to start such a business. As far as the plea under Section 11(4)(iii) is concerned, it is pointed out that the tenant is conducting another Hotel by name 'New Suprabhatham' in the very same locality.

(3.) THE evidence of the landlord consisted of Exts.A1 to A5 and on his behalf PW1 and PW2 have been examined. The son of the tenant has been examined as RW1 on his side. Exts.C1 and C2 are the Commissioner Reports and Ext.C2(a) is the plan prepared by the Taluk Surveyor.