SHAHUL HAMEED Vs. P.E. ABDU RAZAK

JUDGEMENT

(1.) Rent Control Court, Palakkad allowed R.C.P. 34/2013. Tenant's appeal, R.C.A. 27/2014, was dismissed by the Rent Control Appellate Authority, Palakkad. The tenant has preferred this revision.

(2.) Eviction of the tenant was sought under Sec. 11(2)(b) and (3) of the Kerala Buildings (Lease and Rent Control) Act (for short "the Act"). The Rent Control Court ordered eviction under both the grounds. The order of eviction passed under section 11(2) (b) was set aside by the Appellate Authority. For, the petition was filed before the expiry of 15 days from the date of service of notice on the tenant. The landlord fairly conceded before the Appellate Authority that the order of eviction passed under Sec. 11(2)(b) would not stand. What remains is the ground under section 11(3).

(3.) The landlord owns a multi-storied building/shopping complex. The tenant is in occupation of a room on the ground floor of the building. That room is under the stair case. Therefore the parties call it a 'stair case room'. It measures 80 square feet. The landlord appointed a person to be the manager of the shopping complex. An office room is provided to the manager in the building complex itself. The above are admitted facts.