MEANNAN Vs. VENKATARAMA CHETTIAR

JUDGEMENT

(1.) This is an application by a tenant governed by the Kerala Buildings (Lease and Rent Control) Act, 1959. The application moved by the respondent under S.11 of the above mentioned Act was dismissed by the Rent Control Court by Ext. P. 1 order on the ground that the tenant, the writ applicant before me has been in occupation of the building before 1-4-1940. This date, 1-4-1940 is mentioned in S.11(17) which is in these terms:

(2.) The explanation to the sub-section is not extracted as no arguments were advanced on the basis of the explanation by counsel and the explanation does not appear to be material for the purpose of this case.

(3.) The view taken by the Rent Control Court in Ext. P.1 is that even if there is bona fide need the respondent is not entitled to get eviction because the writ applicant has been in continuous occupation of the building from a date before 1st April, 1940. The Rent Control Court did not consider further whether the latter part of the sub-section has been satisfied. The appellate authority, however, framed a point for determination, point (2), in the following terms: