CYRIAC JOHN Vs. JACOB CHERIAN

JUDGEMENT

(1.) These two revisions arise out of an eviction petition RCOP 23 of 1983, filed by the petitioner in CRP 454 of 1993 landlord, before the Rent Control Court, Kottayam under S.11(3), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease And Rent Control) Act, 1965 (for short 'the Act'). Originally there were only three cr. petitioners impleaded as tenants of the building sought to be evicted. Thereafter 2 more persons were impleaded as addl. cr. Petitioners 4 and 5. During the pendency of the revision cr. petitioners 1 and 5 died and their legal representatives have been impleaded as addl. respondents 6 to 13 in CRP 454 of 1993. RCOP was dismissed by the Rent Control Court. Both the petitioner and cr. petitioners filed appeals, numbered as RCA 105 and 106 of 1989 respectively. Both appeals were dismissed by a common judgment CRP 454 of 1993 is a revision filed by the landlord against the dismissal of RCA 105 of 1989. CRP 1115 of 1993 is the revision filed by the cr. petitioners against the dismissal of RCA 106 of 1989. We are disposing of the revisions by this common order as the revisions arise out of one and the same proceedings. We may refer to the parties in the order in which they are arrayed in CRP 454 of 1993.

(2.) The building in respect of which the eviction petition was filed is a two storied building with 20 rooms, each having an attached bath room and toilet and abutting K.K. Road, opposite to the District Hospital, Kottayam. The said building and another building with door Nos. 6 and 8, both situated in a plot of land measuring 741/4 cents were let out by the petitioner to late A.C. Jacob on 1.3.1956, the rent being Rs. 1000/ - per month. Sri. Jacob conducted a Bar attached Hotel by name 'Hotel Ambassador' in the buildings. Jacob died on 19.2.1978. The hotel was being conducted even after his death. While so, on 16.1.1980, the petitioner sold 26.596 cents of land from 74 1/4 cents and the building with door Nos. 6 and 8 and a car shed to respondents 1 to 3 who are the sons of Shri. Jacob. Thereafter also the rent of the building was revised and fixed as Rs. 1000/-.

(3.) RCOP was filed alleging that the petitioner needs the building for the purpose of conducting a lodging house by his two sons who are unemployed and dependent upon him as the sons are not owning and possessing any other building either as owners or tenants. It was also alleged that the respondents have made some unauthorised constructions on the top portion of the building whereby the value and utility of the building were materially and permanently destroyed and that they have sub let two rooms in the building without the knowledge and consent of the petitioner. It was based upon the above allegations that the RCOP was filed. Originally RCOP was filed only against the 3 sons of late Jacob as the sole tenants of the petition schedule building. Each of them was described as partner, Hotel Ambassador, K.K. Road, Kottayam. We may also quote here itself the averments contained in Para.3 of the petition as it may be relevant to refer to it specifically while discussing the point arising for consideration in the revisions. They are thus: