BALAN Vs. ABOOBACKER,

JUDGEMENT

(1.) The revision petitioner is the tenant. The tenant challenges an order of eviction under Ss. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, "the Act").

(2.) The landlord approached the Rent Control Court alleging that the tenant defaulted on the payment of rent from November 2000 onwards. The landlord also claims eviction on the ground of bona fide need. The need projected was for the first respondent, who is aged 60 years, to start a furniture business. The tenant resisted the application. However, the finding of facts shows that the tenant defaulted to pay the rent arrears. There is nothing on record to discredit the finding of facts by the Rent Control Court as well as the Rent Control Appellate Authority.

(3.) In regard to the bona fide need projected, the learned counsel for the revision petitioner/tenant vehemently argued that the landlord has crossed the age of 60 and the building is more than a hundred years old, and therefore, there is no bona fides in seeking eviction under Sec. 11(3) of the Act.