M FATHIMA BEEVI Vs. STELLA JOHN

JUDGEMENT

(1.) Appellate Authority under the Rent Control Act (District Judge, Trivandrum), by order dated 17-12-2005 in R.C.A No. 43 of 2003 has confirmed the orders passed by the Rent Controller, Trivandrum in R.C.P. No. 34 of 2002. Eviction is ordered under Section 11(3) and 11(4) (iv) of the Kerala Buildings (Lease and Rent Control) Act (for short Rent Control Act). The tenant has come up in revision.

(2.) The rental arrangement admittedly was in existence for decades. Serious efforts are seen to have been taken for eviction, after a notice issued on 16-05-2002, demanding vacant possession. Scheduled building is a residential house in the heart of Trivandrum city. The landlady had pointed out that she had no other building in Trivandrum. Although she was residing in her own house at Nagercoil, in Tamilnadu, being her native place she wanted to come over to Trivandrum. She had lost interest for Nagercoil, since her husband had passed away and her only child also was no more. The dilapidated building also required to be demolished and reconstructed.

(3.) The bonafide need, as projected, however had been disputed by the tenant, pointing out that the factual situation presented itself was sufficient to show that it was only a ruse. The idea might have come to the landlady as their personal relations had become sour. It was unthinkable that the landlady wanted to leave her relatives for good and for opting a solitary life. The bereavement spoken of had happened long back. The very claim about reconstruction had been criticized by the tenant stating that the landlady had neither the funds nor any concrete ideas convincing enough.