K. AMMU AND ORS. Vs. NAFEESA AND ORS.

JUDGEMENT

(1.) The tenants are in revision challenging the order of the Rent Control Appellate Authority, Tirur in RCA No. 19 of 2013. The Rent Control Appellate Authority, by the order under revision, set aside the order of the Rent Control Court, Parappanangadi in RCP No. 30 of 2010, dismissing the Rent Control Petition. The petitioners are conducting a business in timber from the tenanted shop room, which forms part of a larger building that belongs to the respondents. The respondents / landlords sought eviction of the tenants under S.11(2), S.11(3), S.11(4)(ii) and S.11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the "Act", for short). According to the landlords, they require the shop room along with the other rooms in the building for the purpose of starting a super market. According to them, many of them have returned to their native land, leaving their employment in the gulf countries. They have no other source of income or building of their own and therefore want to start a supermarket. It was also contended that the tenants had, in their possession, other shop rooms closeby, which were sufficient for them to conduct their business. Therefore, the landlords invoked the ground under S.11(3) also.

(2.) The tenants disputed the need that was put forward by the landlords. According to them, they needed the tenanted shop room for the conduct of their business. They were conducting a business in wooden furniture. For the purpose, the finished timber sections were brought and stocked in the tenanted shop room. The furniture that was made out of the timber stocked were displayed and sold in the other rooms occupied by them. Therefore, it was contended that, the activity that was carried on in the tenanted shop room, was an integral part of the timber business that they were carrying on dealing in timber.

(3.) The Rent Control Court tried the case on the above pleadings. The evidence on the side of the landlords consists of Exts. A1 to A10 documents and the oral evidence of PW 1. On the side of the tenants, Exts. B1 to B11 were marked and RW 1 was examined as witness. Exts. C1 and C2 commission reports were marked.