MEENA JOSHY Vs. JOJO P. GEORGE

JUDGEMENT

(1.) The petitioner is the tenant in R.C.P.No.10 of 2013 on the file of the Rent Control Court, Thiruvananthapuram. The respondents herein are the owners of a two storied building bearing door No.T.C.4/1273 (3) and T.C.4/1273(4) of Thiruvananthapuram Corporation. They had let out the cellar portion of the said building, bearing door No.T.C.4/1273(4) and having an area of 1550 Sq. Ft. to the petitioner herein. They had in R.C.P.No.10 of 2013 which was instituted in the Rent Control Court, Thiruvananthapuram on 02.03.2013 prayed for an order evicting the petitioner herein from the said building, under sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, herein after referred to as the "Act", for short. The petitioner herein is conducting a saloon therein under the name and style "Meenu's Care and Beauty Saloon". The landlords had prayed for an order of eviction so as to enable them to shift the pharmaceutical business being run by the first respondent at Thiruvalla under the name and style "Geo Drug House", to Thiruvananthapuram. The C. R. respondents had averred that the first respondent is running the business at Thiruvalla in a rented building and that the landlord of the said building has demanded vacant possession of the building. The respondents had also averred that they intend to shift the pharmaceutical business to the petition schedule premises which is the cellar portion of the building, the ground floor and the first floor of which is their dwelling house.

(2.) The landlords had in paragraph 5 of the rent control petition averred that the monthly rent for the petition schedule building agreed to between the parties is Rs. 25,000/-. They had in paragraph 6 thereof averred that the tenant has paid the sum of Rs. 1,50,000/- as security. Paragraphs 5 and 6 of the rent control petition are extracted below:

(3.) Upon receipt of notice from the rent control court, the tenant entered appearance and filed a counter statement dated 04.11.2013. In paragraph 12 thereof she has averred as follows: