K M PAUL Vs. K PRADEEP

JUDGEMENT

(1.) The revision petitioner, the tenant, challenges the concurrent findings of the Rent Control Court and the Appellate Authority under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act').

(2.) The Rent Control Petition was filed by the respondent under Sections 11(2)(b), 11(3) and 11(4)(ii) of the Act. The Rent Control Court rejected the claim under Section 11(4)(ii). The landlord has not challenged the order of the Rent Control Court in appeal and, therefore, the decision under Section 11(4)(ii) has become final. The case of the landlord is that he acquired the property in the year 1978 and the building was entrusted to the tenant on a monthly rent of Rs. 500/- on 1-1-1994. The tenant defaulted in payment of rent for the period from 1-1-1995 and in spite of notice, he did not pay the arrears of rent. The landlord contended that he bonafide requires the petition schedule building for conducting photostat and real estate business. According to him, he has no job or income.

(3.) The tenant disputed the entrustment of the building on 1-1-1994. He contended that he was a tenant from 1976 onwards on a monthly rent of Rs. 25/-. The respondent the landlord, purchased the building only subsequently and the tenant attorned to him and paid rent up to June, 1998. The tenant disputed the case of the landlord that the rent is in arrears from 1-1-1995. The bonafide need was disputed by the tenant and he claimed the benefit of the second proviso to Section 11(3) of the Act.