LAKSHMANAN Vs. KRISHNA RAO

JUDGEMENT

(1.) THESE two petitions are under Art.227 of the Constitution of India challenging the orders passed by the revisional authority under the Kerala Buildings (Lease and Rent Control) Act, herein after referred to as "Act" allowing the recovery of the property from the tenant. The first respondent in these Original Petitions is the petitioner before the Rent Control Court. He is one of the coowners of the property. He initiated proceedings for recovery of the property on the ground of arrears of rent and bona fide requirements for reconstruction.

(2.) THREE petitioners in these Original Petitions are the tenants of the building. They opposed the prayer for eviction on the ground that rent is not in arrears, that reconstruction of the portion of the building occupied by them, cannot be carried out since two rooms in same building occupied by others are not available for demolition and that petitioner, a coowner, is not entitled to evict the tenants.

(3.) O .P. 8390 of 1989 is against the order of eviction in two cases. It is filed by two petitioners who were the respondents in R.C.P. 39/83 and R.C.P. 40/83. Pending these Original Petitions the second petitioner who was the respondent in R.C.P. 39/83 surrendered the room in his possession to the first respondent. So he is not prosecuting the Original Petition in so far as it relates to the building schedule to R.C.P. 39/83.