ASHRAF C M Vs. ANIL KUMAR N

JUDGEMENT

(1.) Disheartened by the concurrent orders of dismissal of the Petition filed by him under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (hereinafter referred to as 'the Act' for brevity), the landlord has invoked the revisional powers of this Court as a last ditch effort.

(2.) The petition schedule shop room, from which eviction of the tenant was sought, formed part of a shopping complex by name Singapore Complex. The said premise was owned by the father of the petitioner, late Sri C.H.Muhammed Kunhi. He had several children and after his death, the property and the buildings devolved on his legal heirs.

(3.) The petitioner wanted to evict the respondent on the ground of own use and occupation. The need set up by the petitioner was to commence a grocery business in the petition schedule premise. He has no other shop rooms in his possession. He also contended that the tenant was not entitled to any protection under the Act .