K.V.BASHEER Vs. KAMBIKKAL KIZHAKKE VALAPPIL ALIKUTTY

JUDGEMENT

(1.) The petitioners are the tenants who are confronting with an order of eviction passed by the rent control Court under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'), which stands confirmed in appeal. Parties are referred to as in the rent control petition.

(2.) According to the petitioner, he has leased out the petition schedule shop room to the respondent on a monthly rent of Rs.9000/- as per registered kachit dated 24.3.2014 of SRO, Koyilandi. As per the terms of the kachit, the rent is liable to be paid on the first day of every month. But the respondents did not pay any amount after the commencement of tenancy. Though the petitioner had issued statutory notice under Section 11(2)(b) claiming arrears of rent, the respondents have not paid the said arrears claimed in Ext.A2 notice. The respondent sent a reply raising false untenable contentions denying the arrears claimed in Ext.A2. Further it is contended that they have discharged the rent upto November, 2014. Hence the petitioners filed the rent control petition seeking an order of eviction under Section 11(2) (b) of the Act. The respondents admitted the landlord-tenant relationship and the rate of rent claimed by the petitioner. According to them, they have paid rent upto November, 2014 and subsequently the petitioner demanded higher rent.

(3.) On the rival pleadings both parties adduced evidence which consists of oral testimony of PW1, RWs2 to 3 and Exts.A1 to A4 and Ext.X1. After considering the aforesaid evidence, the courts below concurrently found that the rent was in arrear as claimed in Ext.A2 notice and thereby the petitioner is entitled to get an order of eviction under Section 11(2)(b) of the Act. The legality and propriety of the aforesaid finding is challenged in this revision.