K.M. LUKOSE Vs. P.MOHAMMED IBRAHIM

JUDGEMENT

(1.) These two revisions have been filed by two separate tenants of a line building. The respondent/landlord sought for eviction on the ground of bonafide need under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965. According to the landlord, he is a Doctor by profession. He was working as a Professor of Orthopaedics at Medical College, Kannur. He had quit the job and is now working in a Private Hospital at Perinthalmanna. The petition schedule buildings were under the occupation of separate tenants and is having highway frontage. One of the shop rooms was retained by him even earlier and the other six shop rooms on the eastern side were let out to tenants. Five rent control petitions were filed by the petitioner and his wife who was the owner of one of the shop rooms had filed a separate rent control petition as R.C.P.No.2/2013 in order to vacate the said line shop rooms. R.C.P.No.2/2013 has been disposed of separately and eviction R.C.R.No. 192 &188/18 2 had been ordered.

(2.) The tenants disputed the requirement projected by the landlord. They contended that he does not have any intention to start a clinic as such and that he was having other buildings in his possession which was enough for starting the clinic.

(3.) All the five cases were jointly tried. The evidence consists of the oral testimony of PW1 who is the landlord and RW1 to RW5 who were the tenants of the building. Other than denying the bonafide need expressed by the landlord, tenants also took up the plea under the second proviso to Section 11(3) of the Act.