HASSAN Vs. MOHAMMED

JUDGEMENT

(1.) Can it be said that a doctor who is running a nursing home is carrying on "business" within the meaning of the expression "trade or business" occurring in the Second Proviso to S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, is the question that arises for consideration in this Civil Revision Petition.

(2.) This is the 16th year and the 13th round of a chequered rent control litigation in which a doctor figures as tenant claiming protection under the Second Proviso to S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (Act 2 of 1965) (for short 'the Act') which provides that the Rent Control Court shall not give any direction to a tenant to put the landlord in possession, if such tenant is depending for his livelihood mainly on the income derived from any trade or business carried on in such building and there is no other suitable building available in the locality for such person to carry on such trade or business.

(3.) The parties, namely, petitioner and respondent in this Civil Petition are hereinafter referred to as the tenant and landlord respectively.