P.M.VISWANATHAN Vs. MANDATTIL GEETHA

JUDGEMENT

(1.) The legality and propriety of the divergent findings under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'), are assailed in this revision petition.

(2.) Petitioner is the owner of the building which was rented out to the respondent and the respondent was in occupation of the said room for conducting a bakery. While so, on 11.5.2013 after 10.00 pm a fire broke out and destroyed the whole building causing a loss of Rs.20,00,000/- to the petitioner. The entire concrete roof of the building was broken and caused irreparable damage. The entire walls, shutter and all other fittings including the plumbing and electrical materials were also damaged beyond repairs. Subsequently, after this incident, he had stopped the business and vacated the premises. Further it is averred that the sole reason for the fire was the careless and negligent usage of the building by the respondent. The respondent had collected and kept coconut husk, coconut shell and other materials inside the building; that too close to the unauthorized oven kept inside the building. Thus the negligent usage of the building has destroyed the building permanently and thereby he is entitled to get an order of eviction under Section 11(4)(ii) of the Act.

(3.) The respondent entered appearance and contended that the cause of fire was not by the negligent or careless usage of the building as alleged by the petitioner. According to him, there was no practice of keeping things near the oven. It is denied that the cause of fire could be attributed to negligence from the respondent's part and the petitioner had prohibited him from using an oven in the building. So also it is contended that no extensive damage was caused to the building leased out to him. Accordingly, he prayed for dismissal of the Rent Control Petition.