AHAMMAD KANNA Vs. MUHAMMED HANEEF

JUDGEMENT

(1.) Three landlords filed applications for evicting the petitioners, from the three rooms of the building in question belonging to them and taken on rent by the 1st petitioner, before the 6th respondent as B. R. C. Nos. 27, 28 and 32 of 1963. Certain common grounds were alleged by the landlords for directing the petitioners to put the landlords in possession, and therefore these applications were tried together with the consent of all the parties. The grounds in the applications for evicting the petitioners were:

(2.) The Rent Control Court on a consideration of the evidence came to the conclusion that the landlords were entitled to recover possession of the building for the reason that the building needs reconstruction and that the petitioners committed acts of waste materially and permanently affecting the value of the building. The appellate court confirmed the order; the revision filed by the petitioners was also dismissed. The petitioners have filed this writ petition for quashing these orders.

(3.) The main submission of the petitioners' counsel was that there was no waste as alleged by the landlords, that the building did not need any reconstruction and that there was no subletting or transfer by the 1st petitioner to the 2nd petitioner.