(1.) The revision petitioner herein is the landlord who filed a petition for eviction under Sec. 11(3) of the Kerala Building (Lease and Rent Control) Act ('the Act for short). The respondent is the tenant of the petition schedule shop room.
(2.) The case of the revision petitioner is as follows:
(3.) The respondent/tenant has resisted the claim for eviction contending that there is no bona fide on the part of the petitioner in filing such a petition. The petitioner had earlier preferred another petition under Sec. 5 of the Act for fixation of rent as RCP No. 36 of 2011, which was allowed on 29.02014 and accordingly, the respondent is paying the enhanced rent. Therefore, the petitioner is estopped form preferring the present petition in the next year under Sec. 11(3) of the Act. Even though the petitioner had admitted that he is already conducting business within the same Municipal area, he has suppressed the exact location of the building. There is no vacant rooms other than the petitioner's first room in the ground floor.