KALLUMBRATH BABU Vs. THENGUMTHAREMMAL SANKARAN (DIED) AND OTHERS

JUDGEMENT

(1.) Tenant is in revision. His eviction was sought under section 11(2)(b) and (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, "the Act"). The rent control court allowed eviction under both the grounds sought. The tenant filed appeal challenging the order of eviction passed under section 11(3) of the Act only. The appellate authority confirmed the order of the rent control court.

(2.) The parties are referred to in this order as they are arrayed in the rent control petition or as landlord and tenant.

(3.) The case of the landlord/petitioner goes as under. The room shown in the schedule to the petition was tenanted to the respondent on 24/6/2008. A rent deed was executed. The agreed monthly rent is Rs 750/-. The respondent defaulted the rent even from the first month of tenancy. Despite the issuance of a registered notice demanding arrears of rent, the respondent did not clear the arrears. The petitioner has a son by name Sreejith. He is jobless. He intends to do the business of repairing of electrical goods. He is depending on the petitioner for accommodation. No vacant room is available in the possession of the petitioner to accommodate his son. The need of the petitioner is bona fide. The respondent is not depending mainly on the income derived from the business conducted by him in the tenanted premises. Vacant rooms are available in the locality for the respondent to shift his business.