BEEVI Vs. VAZHAYIL JAYARAJAN

JUDGEMENT

(1.) The revision petitioner is the landlord who suffered an order of dismissal in a rent control petition filed by him against the respondent herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'). Though he had preferred an appeal before the appellate authority challenging the said order, the appellate authority also confirmed the order passed by the Rent Control Court and dismissed the appeal. Thus, the legality and propriety of the concurrent findings of the courts below whereby the rent control petition stands dismissed, are challenged in this revision. The respondent/tenant filed Cross Objection No.49/2016 challenging the findings of the Appellate Authority, whereby the Appellate Authority reversed the findings of the Rent Control Court that the need is not bona fide and held that the need projected in the petition is bona fide and the daughter of the petitioner is a dependent for the petition schedule building.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) The parties are referred to as in the rent control petition. According to the petitioner, she bona fide needs the petition schedule shop room for her daughter Shemy to start a business in tailoring-cum-ready-made sales. Her daughter Shemy is depending on her for the petition schedule shop room as the petitioner or her daughter has no other vacant shop room in their possession to start the said business. But several other vacant shop rooms are available in the locality to shift the business of the respondent from the petition schedule shop room.