C N NAMBOORI Vs. C K MANI

JUDGEMENT

(1.) Clause.2(1), Clause.9(3)(a)(iii) -- The portion of the building in the occupation of the landlord and the two rooms in the occupation of the petitioner should be considered as two separate non residential buildings for the purpose of the Rent Control Order

(2.) The petitioner is a tenant of the Public Library, Kottayam, of which the 1st respondent is the Secretary. Eviction was sought by the landlord of the two rooms occupied by the petitioner on the ground that the rooms were required for the expansion of the library and was ordered by the Building Rent Controller, Kottayam, on 16.2.1952. The petitioner took up the matter in appeal to the District Collector, Kottayam, and in revision before the Government of Travancore Cochin, but without success and his prayers in this petition are that this court be pleased:

(3.) The first contention of the learned counsel for the petitioner is that there is no bona fides in the application made by the library and that the rooms are not really necessary for the expansion contemplated. The Building Rent Controller, the District Collector in appeal and the Government in revision have taken the view that the rooms are necessary for the expansion of the library and that the request is bona fide. The Building Rent Controller in his order in B.R.C.No. 20 of 1951 dated 16.2.1952 held: