C.K.SHIHABUDEEN Vs. ABDURAHIMAN

JUDGEMENT

(1.) The revision petitioner is the appellant in RCA 237/2016 of the Rent Control Appellate Authority-II, Kozhikode as well as the respondent in RCP 184/2015 of the Rent Control Court, Kozhikode. The parties are referred to as they are in the rent control petition.

(2.) The aforesaid rent control petition was filed against the respondent, seeking an order of eviction, under section 11(2)(b), 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act). The respondent opposed the said application and disputed the bona fide need projected in the application, the rate of rent, the period of arrears and denied the allegation that he used the building in such a manner so as to destroy and reduce the value and utility of the petition schedule room, materially and permanently.

(3.) Both parties adduced evidence on the rival pleas and after considering the evidence on record, the Rent Control Court granted an order of eviction, under all the aforesaid grounds and the Appellate Authority confirmed the order of eviction under all the grounds raised in the appeal. Thus, the concurrent findings of the courts below, granting an order of eviction, under section 11(2)(b), 11(3) and 11(4)(ii), are assailed in this revision petition.