M. JIGESH Vs. P.K. BASHEERA

JUDGEMENT

(1.) The legality and propriety of the concurrent findings under Sections 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (for short "the Act"), are under challenge in these Revision Petitions. Since the Revision Petitions are filed challenging a common judgment passed by the Appellate Authority, both Revision Petitions are heard together and disposed of accordingly.

(2.) According to the petitioner, he is conducting a bakery business in the name and style 'Hot Buns' in a building situated adjacent to Kozhikode-Wayanad road which is 25 metres away from the petition schedule shop rooms. The petitioner bona-fide requires the petition schedule shop rooms for accommodating a portion of his manufacturing unit, office and workers in connection with bakery business conducted by him. Further it is alleged that the respondents have acquired another building which is reasonably sufficient for accommodating business, and the same is lying vacant. On the above premises, the petitioner has sought for an order of eviction under Sections 11(3) and 11(4)(iii) of the Act.

(3.) The respondent resisted the claim for eviction contending that the need projected in the petition is a ruse for eviction only. According to him, vacant rooms available in the possession of the petitioner are sufficient for accommodating his manufacturing Unit and office. Further it is contended that, the present Rent Control Petitions are offshoot of an earlier Suit filed by the predecessor of the respondent against the petitioner. So also it is contended that they are entitled to get protection under the 2nd proviso to Section 11(3) of the Act. As regard the claim under Section 11(4)(iii) of the Act, it is contended that the said building is not reasonably suitable for his existing business in the petition schedule shop room.