(1.) The revision petitioner is the tenant who suffered an order of eviction passed by the Rent Control Court under Sec.11 (3) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act') which stands confirmed in appeal. According to the petitioner, the petition schedule building is required for starting a business for an avocation to eke out livelihood. He has no other building of his own in his possession to start the said business. Several other vacant buildings are available in the locality for the occupation of the respondent/tenant.
(2.) The respondent resisted the claim for eviction under Sec.11 (3) of the Act contending that the need projected in the petition is a pretext for eviction only. According to him, the property was purchased in collusion with the prior landlord with a malafide intention to evict the petitioner from the tenanted premises. At the time of purchasing the property also, the respondent is in possession of the building on the basis of a rental arrangement with Nadeera Begum, the vendor of the property as well as the prior landlord of the respondent. The petitioner is a native of Ernakulam and he purchased the petition schedule building with the sole intention of evicting the petitioner from the tenanted premises.
(3.) Aggrieved by the violation of the agreement for sale with the prior landlord Nadeera Begum, the respondent has filed O.S No.1557/2009 before the First Additional Munsiff's Court, Thiruvananthapuram for restraining Nadeera Begum from selling property and sale deed was executed during the pendency of the said suit. The said sale deed is a sham document and the petitioner is a close relative and stooge of the said Nadeera Begum and the petition is a last attempt to evict him by hook or crook. So also it is contended that he is mainly depending on the income from the tenanted premises and no other alternative vacant buildings are available in the locality for his occupation.