BUSHRA SAMAD & OTHERS Vs. SANTHAMANIYAMMA AND OTHERS

JUDGEMENT

(1.) The tenants in R.C.P.No.1/2013 on the files of the Rent Control Court, Adoor is in revision against the concurrent findings of the said court as well as that of the Rent Control Appellate Authority, Pathanamthirra on bona fide need of the landlord and consequent order of eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act').

(2.) In the R.C.P., vacant surrender of the tenanted premises in the possession of the tenant was sought by the landlord. One Kuttan Pillai, the late husband of Smt. Santhamaniyamma was the owner of the petition schedule building and the rooms in the ground floor of the said building had been leased out to the tenant. The daughter of Smt. Santhamaniyamma has completed M.B.A. and being unemployed, the latter decided to start a business in home appliances for her daughter in the shop room occupied by the tenant as well as other rooms in her possession and accordingly, a demand for vacant surrender was made to the tenant in that regard. Though several rooms were available in various parts of Kalanjoor junction to accommodate his business at the relevant time of demand, the tenant was not ready to surrender the petition schedule shoproom. Despite serving of lawyer notice demanding vacant surrender, the tenant has not responded favourably and accordingly, R.C.P. was filed seeking eviction under Section 11(3) of the Act. Rent was also kept as arrears, but as admitted by the landlord, after receiving the notice, it was cleared off by the tenant by making payment.

(3.) The tenant resisted the R.C.P. contending that textile business is being run in the petition schedule shoproom and since he is laid up due to paralysis, his wife is managing the business at the relevant time. It is contended further that, the daughter of late Kuttan Pillai, for whose need the vacant surrender of the tenanted premises was sought, is employed in Whirlpool Company. It is also contended that rooms were lying vacant near to the petition schedule shop room in the possession of the landlord and those could be utilised by him for the proposed business, that other suitable shop rooms are not available in the locality for him to shift his business and that no other source of income is available for him to sustain his livelihood apart from the one conducted by him in the tenanted premises.