HASSAN KOYA A.K. Vs. ERANHOLI KOYA

JUDGEMENT

(1.) The tenant is in revision against the concurrent findings of both the Rent Control Court as well as the Rent Control Appellate Authority on arrears of rent and bona fide need for own occupation and consequent passing of order of eviction against him under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity 'the Act').

(2.) Eviction of the revision petitioner/tenant was sought for by the landlord who is the respondent in this revision petition under Section 11(2)(b) and 11 (3) of the Act.

(3.) The predecessor-in-interest of the respondent as per a rental agreement dated 26.2011 had leased out the petition scheduled room to the tenant and he had been continuing in possession of the same since then. The respondent purchased the said room by virtue of a registered sale deed bearing No.1211/13 of S.R.O., Chadayamangalam. The factum of purchase was intimated to the revision petitioner on 6.5.2013 and had demanded the payment of rent to him from April 2013 onwards. The revision petitioner had attorned to the respondent and paid the rent to him till December, 201 Thereafter, he kept the rent in arrears without any reasonable cause. Then a need also arose for the landlord to start a business in ready made garments. The petition schedule room being the only one belonging to him, he thought it fit to get it vacated. Accordingly, a legal notice demanding arrears of rent and vacant surrender of the tenanted premises on the reason of own occupation was sent on 7.2014 which was not acceded to by the revision petitioner. Therefore, the respondent approached the Rent Control Court/Additional Munsiff-II, Kozhikode by filing the petition seeking eviction as R.C.P.No.134/2014 on the twin grounds as aforesaid.