ABDUL KADER Vs. GEORGE JOSEPH

JUDGEMENT

(1.) The premises in question was rented out to the tenant as per lease deed dated 23/09/1969. The tenant is conducting a hotel there. It was owned by a partnership firm named as M/s. M. C. Vareed and Company. The present landlord was one of the erstwhile partners. The monthly rent claimed is at the rate of Rs.225/-. The partnership was dissolved on 16/10/1999 and the schedule building was set apart to the present landlord. The eviction petition was filed raising various grounds under S.11(2)(b), 11(3), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The Trial Court granted eviction under S.11(4)(ii) of the Act and rejected the other grounds. Both sides appealed against the said order passed by the Rent Control Court.

(2.) The Appellate Authority by a common judgment, partly allowed the appeal filed by the landlord in regard to the ground pleaded under S.11(2)(b) and thus ordered eviction on the ground of arrears of rent. The order passed by the Rent Control Court rejecting the ground under S.11(3) and 11(4)(i) was confirmed. As regards the ground under S.11(4)(ii), accepting the plea of the landlord, the matter stands remanded to the Rent Control Court for fresh consideration. Both sides have come up in revision challenging the above judgment of the Appellate Authority.

(3.) We have heard Shri. Mathew John, learned counsel appearing for the landlord and Shri. M. A. Abdul Hakhim who appeared for the tenant.