JOHNSON KANADAN Vs. PATEL SAW MILL

JUDGEMENT

(1.) THIS revision petition is filed at the instance of the landlord. The proceedings arose under the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ?the Act? ). Eviction is sought under Sections 11 (2), 11 (3) and 11 (4) (iii) of the Act of a building along with the appurtenant land having an extent of 16 ? cents.

(2.) BOTH the courts found that the lease is not in respect of the building and actually it is in respect of the land with the building therein. In the light of the same, it was held that the eviction petition is not maintainable. As regards the grounds set up by the landlord for seeking eviction, the Rent Control Court found that the landlord did not press the ground under Section 11 (2)b) and that the ground under Section 11 (3) of the Act has not been established, but he has been successful in establishing the ground under Section 11 (4) (iii) of the Act (that the tenant has obtained other buildings in the locality ).

(3.) THE appellate court found that the landlord is entitled to evict the tenant on the grounds envisaged under Sections 11 (3) and 11 (4) (iii) of the Act. In view of the finding that the petitioner is not maintainable, the dismissal of the eviction petition was upheld by the appellate authority also. It may also be noticed that initially the rent control court dismissed the petition as not maintainable, as the tenancy was found not in respect of the building. This was set aside by the appellate authority and the matter was remanded for fresh consideration. The present orders have been passed after remand.