ABDUL KADER AND ORS. Vs. MOHAMMED BASHEER

JUDGEMENT

(1.) This Revision filed under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, is directed against the order dated 31.7.2013 of the Rent Control Appellate Authority, Tirur, in Rent Control Appeal No. 1/2011 arising out of the order dated 30.11.2010 of the Rent Control Court, Tirur, in Rent Control Petition No. 21/2009. The revision petitioners herein are the legal representatives of the tenant and the respondent herein is the landlord. The landlord sought eviction under Secs. 11(2), 11(3) and 11(4)(ii) and 11(4)(v) of the aforementioned Act. The Rent Control Court ordered eviction only under the grounds under Sec. 11(2)(b) for arrears of rent and Sec. 11(3) for bona fide own occupation. Aggrieved by the order of the Rent Control Court, the tenant had preferred the aforementioned Rent Control Appeal. The only ground that survived for consideration before the Rent Control Appellate Authority was one under Sec. 11(3) and both the courts below as per the impugned orders have upheld the claim of the landlord for eviction under Sec. 11(3) of the Act.

(2.) The case of the landlord is that he bona fide requires the whole of the building where the petition scheduled room is built for the purpose of running his proposed business in stationery, footwear, fancy items, coffee-bar, etc. for reconstructing a new building therein with modern facilities, after demolishing the present building. It has come out in evidence that the respondent herein had evicted other tenants in the building and had obtained Ext. A-2 series of permit, plan and licence from the Panchayat concerned for the construction of the proposed new building in the land in question after effecting demolition of the existing building, which is very old.

(3.) According to the landlord, he is unmarried and he wants to settle in life after starting the above said proposed business in his building and that his present income is mainly from the agricultural produces and that he has raised some money for the proposed new construction and that he will be able to raise necessary funds for completion of the proposed construction, for which he has secured all necessary permission, etc. The area where the old building is now situated, would be mostly required for the passage to the proposed new building and that the space for parking and loading and unloading etc. are to be provided for the reconstructed complex. The location of the building is ideal for his proposed business. That the tenant is not depending on the income derived from the business conducted in the tenanted premises and that there are many other rooms available in the locality for the tenant to shift his business. That the landlord is entitled to get an order of eviction under Sec. 11(3) of the Act.