SAROJINI Vs. MEETHALE KADIYANTHOTTATHIL

JUDGEMENT

(1.) The revision petitioners are the tenants in R.C.P.No.28 of 2019 of the Rent Control Court, Vatakara who suffered an order of eviction under Sec. 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The appeal preferred by them before the Rent Control Appellate Authority (Additional District Judge), Vatakara as R.C.A.No.23 of 2022 also met with failure. Challenging the concurrent verdicts of the Rent Control Court and Appellate Authority, the petitioners are here with this revision.

(2.) The petition schedule shop room which originally belonged to the husband of the 1st respondent, bequeathed upon his wife and children who are the respondents-landlords. It was leased out to the husband of the 1st petitioner in the year 1987. After the death of the 1st petitioner's husband, the petitioners continued to be the tenants of the shop room with its fair rent fixed at Rs.900.00 per month from 11/3/2005 onwards. Complaining the non-payment of rent from 12/12/2015 onwards, and the cessation of occupation for a period of more than one year, the respondents-landlords approached the Rent Control Court for eviction of the revision petitioners. During the pendency of the above proceedings, the petitioners cleared the arrears of rent. Though the petitioners disputed the allegation of cessation of occupation, the Rent Control Court, after analysing the evidence on record, ordered eviction on the ground envisaged under Sec. 11(4)(v) of the Act. The Appellate Authority after a re-appraisal of the evidence, upheld the verdict of the Rent Control Court. In the present revision, the petitioners would contend that the Rent Control Court as well as the Appellate Authority went wrong in analysing the evidence and applying the principles of law.

(3.) Heard the learned counsel for the revision petitioners-tenants and the learned counsel for the respondents-landlords.