K CHELLAN Vs. SHEELA

JUDGEMENT

(1.) The tenant challenges the concurrent findings of the Rent Control Court and the Rent Control Appellate Authority under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act').

(2.) The respondent/landlady filed R.C.P.No.5 of 2012 on the file of the Rent Control Court, Palakkad against the petitioner/tenant under Sections 11(2)(b) and 11(3) of the Act. The landlady purchased the building in 2003. She filed the Rent Control Petition only in 2012. She stated that rent from November 2009 was kept in arrears by the tenant. The tenant is paying a meagre rent of Rs. 200/- per month. He is running STD booth and a photostat shop in the petition schedule building. The landlady contended that the building is bona fide needed for the occupation of her son, who was examined as PW2, to run a computer store. The son of the landlady was doing the same business in another rented premises nearby and he closed that business since he could not afford to pay the rent and do the business. The landlady stated that her son is dependant on her for the purpose of the building.

(3.) The tenant contended that he does not know whether the petitioner in the Rent Control Petition is the landlady of the petition schedule building. It is to be noted that from 2003 to 2009, the tenant paid rent to the landlady. Still he raised a contention that he does not know who is the landlady. It is submitted by the learned counsel for the petitioner/ tenant that the tenant is continuing in the petition schedule building for the last about fifty years. In spite of the fact that the rent is a very meagre amount, the tenant has kept the rent in arrears. The authorities below rightly held that the landlady is entitled to get an order of eviction under Section 11(2)(b) of the Act, on the ground of arrears of rent.