QUILON RETREADING PRIVATE LTD Vs. CHACKO ANTONY

JUDGEMENT

(1.) THE tenant is the petitioner in this revision petition.

(2.) RESPONDENTS 1 to 3, the landlords, filed R.C.P. No.143 of 2009 seeking eviction of the tenant from the petition scheduled building bearing Door Nos.229/1706 G, H and J in the ground floor, 29/1706 K in the first floor and 29/1706 L in the second floor of a three storied building situated in Survey No.1096/I of Poonithura Village. The entire building was let out to the tenant by an agreement dated 14.3.2002 and the lease was thereafter renewed periodically. According to the tenant, at the time of the last renewal separate rent deeds were executed by the 2nd petitioner, the 1st petitioner and the 3rd petitioner before the Rent Control Court in respect of ground floor, first floor and the second floor of the building in question. Before the Rent Control Court, landlords sought eviction under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. According to them, they are co -owners of the building and that petitioners 1 and 2 wanted to shift their business, 'Sareena Enterprises', from the rented premises at Kathrikadavu to the first and second floor of the building. It was also contended that the 3rd petitioner before the Rent Control Court, wanted to start a business in sports goods items in the ground floor of the building. The Rent Control Court, by its Order dated 31st March, 2011, rejected the bonafide need urged by petitioners 1 and 2 and upheld the bonafide need urged by the 3rd petitioner.

(3.) AGGRIEVED by this Order, the landlords and the tenant filed R.C.A. Nos. 51 and 70 of 2011. By a common judgment rendered, the appellate authority allowed R.C.A. No.51 of 2011 filed by the landlords and upheld the bonafide need urged by petitioners 1 and 2. It also upheld the order of the Rent Control Court insofar as it concerns the bonafide need urged by the 3rd petitioner. Consequently, R.C.A. No. 70 of 2011 filed by the tenant was dismissed. It is aggrieved by this Order the revision is filed.