ABDULKHADER Vs. HABSATH

JUDGEMENT

(1.) After hearing both sides we are constrained to send back this case to the District Court for disposing of the appeal afresh. Our reasons are the following:

(2.) A Rent Control Court passed an order of eviction of the tenant on two grounds, one as envisaged in S.11(3) and the other as in S.11(4)(iii) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short the Act). The said order was based on certain findings of facts entered by the Rent Controller after evaluation of evidence. The aggrieved tenant filed the appeal before the Appellate Authority, which now is the District Court. Learned District Judge dismissed the appeal by the impugned judgment

(3.) The findings of the Rent Control Court were confirmed by the District Court on merits on the premise that those findings are supported by the evidence in this case.