N L JOSE Vs. FAISAL RAJ

JUDGEMENT

(1.) Revision petitioner is the tenant. He challenges the judgment of the Rent Control Appellate Authority, Thrissur in R.C.A. No.5 of 2008 upholding the order passed by the Rent Control Court, Thrissur in R.C.P. No.84 of 2005. By the said order, the petitioner suffered an order of eviction under section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short).

(2.) The landlords, who are son and wife of late Puthenveetil Abdul Hameed are the owners of the petition schedule shop room. The said shop room is having a plinth area of 150 Sq. feet. The tenant was occupying the premises by paying a monthly rent of Rs.550/-. The landlords are doing business in plastic utensils at Jai Hind Market, Thrissur, which shop room is situated some distance away from the petition schedule shop room. The need projected was that the room was required for the purpose of using it as a godown for stocking his goods. According to him, he was not having in his possession any other shop room suited for the purpose. It was also contended that rent was in arrears from January, 2004 and though legal notice was sent on 25.1.2005 and the same was accepted, the tenant has not discharged the dues.

(3.) The tenant challenged the claim of the landlords by raising various contentions. The bona fides of the landlords were called in question. According to the tenant, the schedule shop room was unsuitable for the use of the landlords. The landlords could very well use the shop room in their possession or a portion of the residential home for using it as a godown was essentially the contention advanced. The non-existence of other shop rooms in the vicinity was highlighted to reject the claim of the landlords. It is also pleaded that the income from the business conducted in the shop room was the main source of his livelihood.