KRISHNAKUMAR Vs. SUBRAMANIYAN ACHARI

JUDGEMENT

(1.) The revision petitioner is the respondent/tenant in R.C.P. No. 5/2015 of the Rent Control Court (Principal Munsiff's Court), Nedumangad. The aforesaid rent control petition was filed by the respondent herein under Section 11(3) and 11(2)(b) of the Kerala Building (Lease and Rent Control) Act 1965, (for short, the Act). The parties are referred to as in the Rent Control Petition.

(2.) According to the petitioner, the respondent/tenant, is in occupation of the petition schedule shop room by virtue of a lease arrangement between the petitioner and the respondent. The petitioner bonafide needs the petition schedule building, for shifting his own jewellery business which is being carried on in a rented premises at Kattakkada. Further, it was alleged that the rent fell in arrears for the last 36 months. Though he had sent a statutory notice, demanding arrears of rent, the respondent did not pay the defaulted amount. The respondent is not depending upon the income from the business carrying on in the petition schedule shop room and several other vacant buildings are available in the locality for shifting his business from the petition schedule shop room. On the above premises, the rent control petition was filed, seeking an order of eviction, under Section 11(2)(b) and 11(3). The respondent filed objection, denying the bonafide need projected in the rent control petition.

(3.) According to the respondent the need projected in the petition is a ruse for eviction only. The petitioner is conducting a jewellery business with the aid of 20 staff and the said business is conducting in a huge building and the petition schedule building is not sufficient to shift his jewellery shop from the building in which the said business is being conducted. The petitioner occupies a vacant building which is having a size of 200 sq. ft. and the said building is situated one km. away from the petition schedule shop room. The respondent is depending upon the income of the business in the petition schedule building and no other vacant buildings are available in the locality. With the aforesaid averments, he prayed for dismissal of the rent control petition.