SUBAIDA Vs. KRISHNAN

JUDGEMENT

(1.) THE common revision petitioner in these two C. R. Ps. is the landlord of a line building having three apartments. THE respondents herein are the tenants of two of such apartments. THE landlord filed separate petitions for eviction of these tenants on two grounds, namely, (1) for her own occupation and (2) arrears of rent. All the authorities below held against her on ground No. l and eviction was ordered only on the second ground.

(2.) RENT Control Petition No. 186 of 1978, before the RENT controller, Cannanore, from which C. R. P. No. 3626 of 1981 arises is in respect of room No. 516. That RENT Control Petition was disposed of on 11th December, 1978. While discussing the question of bona fide need of the landlord the RENT Control Court observed that the landlord herself has not given evidence and only her husband is examined as P. W. 1. The RENT Control Court treated this as an important circumstance against the landlord. Another ground on which the RENT Control Court rejected the ground of bona fide need of the landlord, is that there was a prior RENT Control Petition for eviction of the third apartment in this line building. Although by Ext. A-6 order eviction was allowed, that apartment was again let out to the wife of the original tenant under Ext. A-7 for an enhanced rent.

(3.) HOWEVER, the learned counsel for the landlord contended that it is not necessary that the landlord should go to the witness-box and depose about his bona fide requirement and that he can prove the landlord's requirement in any manner allowed by law. In support of this contention he relied on the following judgments.