M S ABDUL RAHIMAN Vs. VARGHESE

JUDGEMENT

(1.) The petitioners in these revisions are tenants. They challenge the concurrent findings of the Rent Control Court and the Appellate Authority under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965, hereinafter referred to as the 'Act', in all the cases and under Section 11(4)(iii) of the Act in one case, namely, R.C.R.No.328/2014.

(2.) Seven Rent Control Petitions were filed jointly by eight persons claiming co-ownership rights over the petition schedule buildings situated in an extent of 13.5 cents of land in Perumbavoor town. The tenants occupied rooms in a line building situated in that property. The tenants are doing various businesses. The petitioners in the Rent Control Petitions formed a partnership. They contended that the rooms in the occupation of the tenants are bona fide required for the purpose of the partnership to demolish the building, to construct a building of about 8690 sq.ft. and to conduct large scale textile business. Though various grounds were raised in the different Rent Control Petitions, what is relevant for the time being is the common ground under Section 11(3) of the Act. In R.C.P.No.6/2010 from which R.C.R.No.328/2014 arises, the ground under Section 11(4)(iii) is also relevant.

(3.) Before the Rent Control Court, four witnesses were examined on the side of the landlords and eight witnesses were examined on the side of the tenants. 151 documents were marked on the side of the landlords and 65 documents were marked on the side of the tenants. The Commissioner's report was also marked.