SHAMSUDEEN Vs. DISTRICT COURT

JUDGEMENT

(1.) This Original Petition is filed under Art.227 of the Constitution of India, challenging the order passed by the District Judge, Kollam in Rent Control Revision No. 6 of 1989, copy of which is produced as Ext P3 in the Original Petition. The proceedings arise from RCP No. 77 of 1983 filed by the petitioner before the Rent Control Court, Quilon. The petition was filed under S.11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the Act. The case of the petitioner was as follows:

(2.) The 4th respondent counter petitioner filed his objections. He submitted that there was no need for the petitioner for conducting the hotel business and that there was no alternate building available for him to be used as godown and he is depending for his livelihood on the godown.

(3.) The Rent Control Court, after an elaborate discussion, held that the petitioner bona fide needs the building for his own occupation. So far as the benefit of the proviso was concerned, the Rent Control Court took the view that the respondent was not depending on the building for his livelihood. According to the Rent Control Court, the respondent was conducting a provision business and he has got other godowns. Hence, it ordered eviction under S.11(3) of the Act. The respondent took the matter in appeal, The appellate authority dismissed the appeal. Against the judgment, a revision was filed before the revisional authority. The revisional authority allowed the revision and dismissed the petition for eviction and hence this original petition.