RAFI Vs. AYISUMMA

JUDGEMENT

(1.) This revision petition has been directed against the judgment passed in Rent Control Appeal No.24 of 2016 of the Rent Control Appellate Authority, Manjeri and the respondent herein is the tenant, who met with failure before the Rent Control Court and the Rent Control Appellate Authority. (The parties are referred to as in the Rent Control Petition.)

(2.) The petitioner filed R.C.P. No.32 of 2013 before the Rent Control Court, Parappanangadi, seeking an order of eviction under Sections 11(3), 11(4) and 11(4)(iii) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). But, the Rent Control Court passed an order of eviction under Section 11(3) of the Act only and rejected the claim for eviction under Sections 11(4)(ii) and 11(4)(iii) of the Act.

(3.) Aggrieved by the order of eviction passed under Section 11(3) of the Act, the respondent preferred the aforesaid appeal and after reevaluating the evidence on record, the Appellate Authority concurred with the findings of the Rent Control Court and dismissed the appeal. Thus, the concurrent findings, whereby the courts below granted an order of eviction under Section 11(3), are assailed in this revision petition.