BHASKARAN Vs. ABDULLA HAJI

JUDGEMENT

(1.) The petitioner herein is the tenant. The landlord sought eviction under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The Trial Court allowed the petition, which has been confirmed by the Appellate Authority, against which the present revision petition is filed.

(2.) The bona fide need put forth by the landlord is for starting electrical business for his son. His son is an unemployed graduate. It was alleged that the petition schedule room was let out as per rent deed dated 11/04/1997 on a monthly rent of Rs.1,500/-. The tenant resisted the same contending that the need put forth is not genuine. It was also urged that the tenancy started more than seventy years back under the erstwhile landlord. The tenant is conducting a vegetable shop in the premises and the initial rent was Rs.4/- per month which was revised subsequently. The tenant further contended that after the purchase of the building by the landlord in the year 1994, he approached the tenant expressing his desire to reconstruct the building into a two storied one. The tenant was offered space for his occupation, after reconstruction. Accordingly, an agreement was executed and he was put in possession of two rooms numbered as 1835 and 1836 which were allowed to be occupied till the reconstruction was completed. The number of the old room occupied by him was CC 29/1834 which was surrendered for the purpose of reconstruction. After the reconstruction was over, he was allotted room Nos. 1833A and 1833B for which separate rent deeds have been executed. It was represented to him that going by the plan, this is the area originally occupied by him. Since the area covered by the two rooms agreed to be given to him was almost equal to the area originally occupied by him, the tenant agreed for executing the two rent deeds. It is further submitted that in view of the agreement executed, the tenancy continues and hence the tenant is entitled to get the protection under S.11(17) of the Act.

(3.) On the side of the landlord, PWs 1 to 3 were examined and Exts. A1 to A26 were marked. The petitioner examined RW 1 and marked Exts. B1 to B33. Exts. C1 and C2 are the reports of Commissioner.