K JYOTHISH KUMAR Vs. K P HAMEED

JUDGEMENT

(1.) The landlord is the petitioner in this O.P.(R.C.) filed under Article 227 of the Constitution of India, to set aside Exhibits P8 and P8(a) orders passed by the Rent Control Court, Kozhikode, in I.A.Nos.4023 of 2013 and 4024 of 2013 in R.C.P.No.78 of 2013.

(2.) The landlord filed R.C.P.No.78 of 2013 before the Rent Control Court, under Sections 11(2)(b), 11(4)(i) and 11(4) (ii) of the Kerala Buildings (Lease and Rent Control) Act, seeking eviction of the respondent/tenant from the petition schedule shop rooms.

(3.) According to the landlord, a shop bearing number 9/84 was leased out to the tenant on 1.3.2009, on a lease amount of 3,250/-, which was enhanced to 3,250/- from October 2012, onwards. Another shop bearing number 9/83 was also leased out to the tenant on 1.2.2011 on a lease amount of 2,500/-, which was enhanced to 2,750/- from October 2012, onwards. The tenant defaulted payment of rent from January 2013, onwards. Further, the tenant sublet the tenanted premises and also used the said premises in such a manner to reduce its value materially and permanently. The landlord filed Exhibit P1 Rent Control Petition before the Rent Control Court, in which a commission was taken out on 13.6.2013. The Commissioner submitted Exhibit P2 report, after inspecting the petition schedule shop rooms.