C. V. DAKSHAYANI Vs. SHOBHANA RASIKALAL THACKKARE

JUDGEMENT

(1.) The concurrent findings and orders of eviction passed by the Rent Control Court and the Rent Control Appellate Authority under Ss. 11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for short) is under challenge in this revision petition filed by the tenants.

(2.) The learned counsel for the revision petitioners/tenants argued that the original landlords who filed the Rent Control Petition are no more and the bona fide need of the original landlords will not survive to their legal heirs and in the absence of any proceedings to evict the tenants occupying the other rooms in the building, an order of eviction as against the petitioners herein on the ground of reconstruction under Sec. 11(4)(iv) of the Act is not legally sustainable.

(3.) The learned counsel for the respondents argued that the respondents herein are the wife and sons of the original first petitioner in the RCP and the bona fide need projected was not purely personal and the same survives even after the death of the original landlords. It is also argued that it is for the landlord to decide the manner in which the building has to be re-constructed and the need for eviction of the remaining tenants requires to be considered only at the time of actual re-construction and there is no illegality or impropriety in the order of eviction passed by the Rent Control Court and confirmed by the appellate authority.