LAWS(KER)-1997-3-39

ASHER AND CO Vs. HASSANKUTTY HAJEE

Decided On March 18, 1997
ASHER AND CO Appellant
V/S
HASSANKUTTY HAJEE Respondents

JUDGEMENT

(1.) By consent of both parties, the main revision itself was taken up for final hearing.

(2.) The petitioners are the tenants, who are respondents 1 and 2 in the eviction petition filed by the respondent herein under S.11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act. The respondent filed the petition for eviction contending that the building described therein was given to the tenant for conducting business and that the rent was kept in arrears since 01/05/1992. The landlord also claimed bona fide need of the premises for his son, to use the building as office cum residence.

(3.) The petitioners herein filed a counter statement contending that the entrustment of the building was in 1943-44 and also denied the bona fide need put forward by the landlord. In the counter statement the petitioners have stated in para 2 as follows: