CHANDROTH THARAVYAYI HAJI Vs. E. M CHANDRAN

JUDGEMENT

(1.) The petitioners are the landlords who filed an eviction petition under Ss. 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act ('the Act', for short) for evicting the respondent from the building leased out to him. The Rent Control Court allowed the petition under Sec. 11(3) and directed the respondent to vacate the petition-scheduled shop rooms. By the impugned order, the Rent Control Appellate Authority set aside the said finding and dismissed the Rent Control petition on the ground that the petitioners have no bonafide in seeking eviction.

(2.) The landlord-tenant relationship is not in dispute. The petitioners are the co-sharers of the petition schedule shop rooms. They contended that they intend to put up a large-scale textile and readymade cloth business in wholesale and retail in the petition scheduled shop room as they do not have any engagement at present. The first, second and fifth petitioners jointly owned together with several other persons a building in the same locality and the rental income from the above said buildings was not sufficient to meet their daily needs and accordingly they decided to set up a business for themselves. It is further pleaded that when the petitioners expressed their need to the respondent in March 2014, instead of voluntarily vacating the building, the respondent initiated a suit against them with false allegations.

(3.) The respondent contended that the petitioners have no bonafide need to start a new business and they have several other buildings in joint and separate ownership in the very same city and there are many vacant rooms in the said buildings. It is also contended that the respondent filed a civil suit against the petitioners when they objected to the attempt of the respondent to extend his business, at the behest of one Rashid who is occupying a rented room adjacent to the petition scheduled shop rooms.