C K ASHALATHA DIVAKARAN Vs. T K SAHIRA

JUDGEMENT

(1.) The revision petitioner is the third appellant/landlord in RCA No. 135 of 2010 of the Rent Control Appellate Authority, Thalassery. The aforesaid appeal was filed challenging the judgment passed by the Rent Control Appellate Court, Kannur in I.A.No. 1658 of 2009 in RCP No. 306 of 2005. The said application was filed by the first respondent/tenant herein seeking permission to construct building as per the plan approved in the name of the revision petitioner/landlord and to intimate the same to the Municipality for further steps and renewal of permit, if necessary.

(2.) The first respondent is the tenant who was evicted from the petition schedule shop room in execution of an order passed against him under Section 11(4)(iv) of the Buildings (Lease and Rent Control) Act ('the Act' for short).

(3.) According to the first respondent, he had surrendered the tenanted shop room and the appellant demolished the entire building before 1 1/2 years. In spite of lapse of more than one year after the surrender of the petition schedule shop room and demolition of the entire building, re-construction work of the new building is not yet started. The building plan granted by the Municipality is in force and he along with the other tenants are ready to construct one room each in the ground floor as per the plan. According to him, the appellant wilfully neglected to re-construct the building and on the failure of compliance with the direction in the order of eviction, he is entitled to get permission to reconstruct the petition schedule room in accordance with the building permit and plan. So he prayed for the same. The other tenants also filed similar petitions with the very same relief.