ABDUL RASHEED S/O. MUHAMMED YUSUF Vs. SEETHALAKSHMI W/O. LATE T.V.KRISHNA IYER, (WRONGLY SHOWN AS VENKITESWARA IYER IN THE IMPUGNED JUDGMENT)

JUDGEMENT

(1.) These revisions are filed against the common judgment passed in RCA Nos.49/2011 and 53/2011 on the files of the Rent Control Appellate Authority, Palakkad. RCA No.49/2011 was filed by the revision petitioner/tenant in RCR. 257/2016 challenging the order of eviction passed against him under section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short "the Act") and RCA No. 53/2011 was filed by the revision petitioners/tenants in RCR No. 299/2016 challenging an order of eviction passed against him under section 11(3) of the Act. The parties are referred to as in the Rent Control Petition.

(2.) In RCR No. 257/2016, the case of the petitioner is that he is conducting tobacco business in the adjacent shop room and he is suffering from space constraint. He is being assisted by his two sons in his business and they need to expand the business so as to augment the income from the business. So, he bona fide needs the petition schedule building. His business is a seasonal business and during such seasons he has to collect the necessary stock which will need bulk space during supply periods, though at other times such a constraint may get relaxed to some extent, when stocks are sold out. So he can resolve the space constraint by getting additional space and accommodation for keeping the stocks of trade articles during seasons of availability.

(3.) The respondents resisted the said claim for additional accommodation contending that so much space is not required for tobacco business. If the stock is kept for more than two months, there will be weight loss. The two sons of the petitioner were rarely seen in the shop and the story of expansion is only a ruse for eviction. The petition schedule shop room is not required for expansion as the existing shop room is sufficient for the same. The income derived from the petition schedule shop room is the main livelihood of the respondents. Therefore, if they are evicted from the petition schedule shop room, they will be put to hardship and great loss.