K.T. THOMAS Vs. P. SREEDHARA VARMA

JUDGEMENT

(1.) These two revision petitions are filed by the tenant against the common judgment dated 25.5.2002 passed in RCA Nos. 195/2001 and 53/02 on the file of the Rent Control Appellate Authority, Ernakulam. Both the appeals arise from the jdgment dated 12.10.2001 in RCP 26/1998. The respondent is the landlod. The parties are hereafter referred to as the landlord and the tenant.

(2.) The Rent Control Court had directed the tenant to surrender vacant possession of the petition schedule building to the landlord under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act (hereafter referred to as the Act). The claim for eviction under Section 11(3) of the Act was not considered and was rejected. The landlord preferred RCA 53/2002 against the rejection of the claim for eviction under Section 11(3) and the tenant preferred RCA 195/2001 against the order of eviction under Section 11(8). The Appellate Authority by the impugned judgment allowed RCA 53/2002 filed by the landlord and set aside the findings of the Rent Control Court in so far as it rejects the claim for eviction under Section 11(3). RCA 195/2001 filed by the tenant was dismissed upholding the order of eviction passed under Section 11(8) of the Act. Thus the Appellate Authority, after confirming the order of eviction under Section 11(8) of the Act, also held that the landlord is entitled to an order of eviction under Section 11(3) and the tenant is directed under Section 11(3) to surrender vacant possession of the petition schedule building to the landlord. Aggrieved by the impugned order passed in the two rent control appeals, the tenant has come up in these two revision petitions challenging the findings of the Rent Control Appellate Authority.

(3.) The short facts leading to the passing of the orders by the authorities below are as follows: The Rent Control Petition was filed by the landlord under Section 11(2)(b), 11(3) and 11(8) of the Act. The landlord is the owner of the petition schedule building. The first floor of the said building was rented out to the tenant for conducting a photo studio twenty years back. The monthly rent at present is Rs. 300/-. The landlord is conducting a shop dealing in electrical goods, which is a partnership concern, with his second son as a partner. This business is being conducted in one of the three rooms situated in the ground floor of the building, in which the petition schedule building is situated on the first floor. According to the landlord, the other two rooms situated adjacent to the room in which the landlord is conducting his business are very small, in the occupation of tenants for the last several years and are not suitable for his use. The landlord is doing wholesale business in electrical and allied items in addition to retail business. The need alleged by the landlord is that the space available in the room wherein he is doing business is inadequate for storing electrical goods, for displaying the same and for retail sale of such goods. It is also averred in the petition for eviction that several salesmen and representatives of leading manufacturers of electrical goods frequently come to the shop for negotiating busines transactions, the space available is also inadequate for negotiations with the trade representatives and salesmen as well. In the said context the landlord further averred that he is put to great hardship for want of sufficient space. The petition schedule building has an area of 800 sq.ft. which will fully satisfy the need of the landlord and therefore he requires the tenanted premises for expansion of his business. It is also averred that he bona fide needs the aforesaid tenanted premises for his additional requirement. The landlord also pleaded that the tenant has another building in his possession which is very near to the petition schedule building wherein he is conducting another photo studio. It is also averred that the tenant has defaulted payment of rent for several months. Therefore the rent control petition for eviction was filed under Section 11(2)(b), 11(3) and 11(8) of the Act.