UNNIYEN PATTEMMAL RAVEENDRAN Vs. THOTTANTAVIDA KANIYANKANDY MARIYU

JUDGEMENT

(1.) These revision petitions are filed challenging a common judgment passed in R.C.R.Nos. 202/2011 and 45/2012 on the files of the Rent Control Appellate Authority, Thalassery and the parties are common. Hence, these revision petitions are heard together and disposed of accordingly.

(2.) The landlords filed R.C.P.Nos. 124/2010 and R.C.P.122/2010 against the respondents herein who are in occupation of the petition schedule shop rooms, seeking an order of eviction under Sec.11(3) of Kerala Buildings (Lease and Rent Control) Act (for short, "the Act"). According to the landlords, the petition schedule shop rooms are required for the son of the 1 st petitioner for starting a business of Mobile Phone Sales and service. According to the 1 st petitioner, her son Suhaib is unemployed and he wants to start the aforesaid business, for his livelihood. The landlords have no other suitable vacant rooms, for the aforesaid purpose and the said Suhaib is depending on the landlords for the petition schedule shop room.

(3.) The tenants resisted the bona fides of the need contending that it is a ruse for eviction only. According to them, they are mainly depending upon the income from the business in the petition schedule shop rooms and no other suitable buildings are available in the locality to shift their business from the petition schedule shop rooms. Hence they are entitled to get a protection under the 2 nd proviso to Sec.11 (3) of the Act. It is also contended that the landlords have other vacant rooms in the 1 st floor of the building and they could have started the aforesaid business in the 1 st floor of the said shop rooms.