RIYAS Vs. MUHAMMED NAZAR

JUDGEMENT

(1.) This revision petition has been filed by the tenant challenging the judgment passed by the Appellate Authority confirming the order of eviction passed by the Rent Control Court under Section 11 (2)(b) and 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' for short). The rent control petition was filed on the ground that the landlord bonafide needs the petition scheduled shop room for starting a furniture showroom and he has no other vacant shop room of his own for starting the said business and several other shop rooms are available in the locality to shift the business of the tenant.

(2.) The tenant resisted the said application contending that the need projected in the petition is a ruse for eviction and he is entitled to get protection under Section 11 (3) of the Act. Both parties adduced evidence on the aforesaid rival contentions and after considering the evidence on record, both the courts concurrently found that the need projected is bonafide and respondent is not entitled to get protection under the second proviso under Section 11(3) of the Act. The legality and propriety of the aforesaid finding is under challenge in this Rent control revision petition.

(3.) This revision has been filed mainly on the ground that before the Appellate Authority, the tenant has filed an interlocutory application as I.A. No.1134 of 2017 to appoint a Commission to ascertain and report the non-availability of other alternateive building in the locality for shifting his business and also for ascertaining the fact that after the disposal of the rent control petition, by granting an order of eviction in favour of the landlord, the landlord has got vacant possession of three other rooms of his own from three other tenants and thereafter he has been occupying the said rooms by conducting the business of T.V., fridge and home appliances etc.