BIYATHU HAJJUMMA Vs. RAMAKRISHNAN MADHAVI NILAYAM AND OTHERS

JUDGEMENT

(1.) The concurrent finding in a petition filed under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for brevity 'the Act') is under challenge in this revision petition. The revision petitioners are the legal heirs of the respondent/tenant in R.C.P.No.56 of 2013 on the files of the Rent Control Court, Nadapuram. Respondents 1 and 2 herein were the petitioners therein and the third respondent herein is also one of the legal heirs of the respondent tenant. In the rent control petition, it is stated that the first petitioner therein/respondent No.1 herein, has been conducting hotel business in the tenanted premises. It is for the purpose of starting business of fancy-cum-ladies materials for the second petitioner/second respondent herein that they sought eviction of the original tenant from the tenanted premises.

(2.) Before the Rent Control Court, the second petitioner/second respondent herein was examined as PW1 besides getting marked Exts.A1 to A3, on the side of the petitioner. The original tenant was examined as RW1 and on his side, Exts.B1 to B4 were got marked. Evaluation of the evidence on record and the rival contentions culminated in an order in favour of the petitioners under section 11(3) of the Act. Feeling aggrieved by the same, the original tenant preferred R.C.A.No.58/2015 before the Rent Control Appellate Authority. During the pendency of the appeal, the original tenant died and consequently, his legal heirs were got impleaded as supplemental appellants. The Rent Control Appellate Authority dismissed the appeal and confirmed the order of the Rent Control Court. It is in such circumstances that the captioned revision petition has been filed.

(3.) We have heard the learned counsel for the revision petitioners and the learned counsel for respondents 1 and 2. In fact, notice on admission by speed post was issued to the respondents and it is in pursuance thereof that respondents 1 and 2 had entered appearance. For the sake of convenience, the parties are referred to hereafter in this order, in accordance with their rank and status in the revision petition, unless otherwise specifically mentioned.