LAWS(KER)-1986-11-29

BALAN Vs. PHILO

Decided On November 27, 1986
BALAN Appellant
V/S
PHILO Respondents

JUDGEMENT

(1.) THE landlord filed a petition under S. 11 (2)and S. 11 (3) of the Kerala Buildings (Lease and Rent Control) Act (for short the rent Control Act) for eviction of the tenant from the building in dispute. THE Rent Control Court found that the landlord has not been successful in establishing the ground falling under S. 11 (3)although an order to evict the tenant was passed under S. 11 (2 ). On appeal the appellate authority found that the landlord bona fide needs the building for her own occupation. However the matter was remanded for considering the question falling under the second proviso to sub-s. (3) of S. 11 of the Rent Control Act. Both the landlord and the tenant filed revisions against the said order; the landlord challenging the order remanding the matter to the Rent Control Court and the tenant challenging the finding that the landlord bona fide needs the building for her own occupation.

(2.) BY a common order the revisional court dismissed the revisions. The above revisions have been filed against the said order.

(3.) THE Rent Control Court accordingly is directed to dispose of the case taking into account the above contentions of the tenant and in the light of observations contained in this order.