K. KRISHNA KUMAR Vs. VRINDAVAN HOTEL (P) LTD.

JUDGEMENT

(1.) THE tenant in RCP No. 59/2003 on the file of the IIIrd Additional Munsiff and Rent Control Court, Ernakulam, whose eviction under Section 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act 1965 (hereinafter referred to as 'the Act' for short) was affirmed by the Rent Control Appellate Authority by its judgment in RCA No. 103/2004, is the Revision Petitioner.

(2.) ACCORDING to the respondent/landlord, petition schedule premises belong to the respondent company and was let out to the tenant for business purposes in the year 1985 for a monthly rent of Rs. 1,000/ -. On the expiry of the initially agreed period of 5 years, the rent was enhanced to Rs. 1,500/ - and the tenant still continues to retain possession of the premises. It was alleged that the tenant conducted various businesses in the building, the last of which was a medical shop in the name and style 'Vinayaka Medicals' and that since 1997, he has not been conducting any business and the premises is remaining closed since then. According to the landlord, the above facts constituted a case of cessation of occupation of the building, as provided for in Section 11(4)(v) of the Act, rendering the tenant liable to be evicted in terms of the said provision.

(3.) BEFORE the Rent Control Court evidence was let in by both sides. On behalf of the respondent landlord, PW1, a Director of the company was examined and Ext.A1 was marked and on behalf of the petitioner/tenant RW1, the tenant himself and RW2, the Advocate Commissioner, who submitted Ext.C1 report were examined. EXts.B1 to B7 series were also marked on behalf of the Revision Petitioner/tenant.