P KANAKAVALLI Vs. THANDAYAN MADAPPURAKKAL RAJAN

JUDGEMENT

(1.) The revision petitioners are the petitioners/landlords in RCP 7/2010 of the Rent Control Court, Thalassery. The aforesaid petition was filed, under section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act). After considering the objection filed by the respondent/tenant, the Rent Control Court passed an order of eviction, under section 11(2)(b) and 11(3) of the Act, as prayed for, by the revision petitioners. Aggrieved by the said order, the respondent/tenant preferred RCA 30/2012 before the Rent Control Appellate Authority, Thalassery. After re-appreciating the evidence on record, the Appellate Authority confirmed the order of eviction passed under section 11(2)(b) of the Act; but reversed the order of eviction passed, under section 11(3) and rejected the claim for eviction under section 11(3) of the Act. Thus, the divergent findings of the courts below, under section 11(3) of the Act have come up in revision before this court. The parties are referred to as in the rent control petition.

(2.) Heard the learned counsel for the petitioners and the learned counsel for the respondent.

(3.) The short question that arises for consideration in this revision is, whether there is any illegality or impropriety in the findings, whereby the Appellate Authority reversed the findings of the Rent Control Court, under section 11(3) of the Act and rejected the claim for eviction, under section 11(3) of the Act.