GEORGE PYLEE Vs. SABU

JUDGEMENT

(1.) The revision petitioner herein is the respondent in RCA 67/2002 on the files of the Vth Addl. District Court, Ernakulam and the counter petitioner in RCP 52/1999 on the files of the Rent Control Court, Ernakulam. The Rent Control Petition was filed for eviction under Section 11 (3), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Cotrol) Act (for short, the Act). The petition was dismissed by the Rent Control Court on all the grounds. In the appeal filed by the landlord, the Appellate Authority reversed the finding of the Rent Controller under Section 11(3) and confirmed the order under Section 11(4)(i) of the Act. The Appellate Authority also noted that the ground under Section 11(4)(ii) though raised was not considered, since it was not pressed. This revision petition was filed by the tenant being aggrieved by the order of eviction passed under Section 11(3) of the Act. The parties are hereafter referred to as the landlord and the tenant.

(2.) The brief facts leading to the passing of the impugned order are as follows:

(3.) The landlord further averred that the teant is conducting another business in the name and style "M/s. Nidhi Electricals" and the said business is accommodated in a building which is situated very near to the petition schedule building. The tenant has sublet the tenanted premises to one George and the said Geoge is presently running the business in the petition schedule building.