N.P. SABEER Vs. PUTHIYAPURAYIL SABREENA

JUDGEMENT

(1.) The petitioner is the respondent/ tenant in RCP.No.160/2014 on the file of the Rent Control (Additional Munsiff-I), Court, Kozhikode and the respondent is the petitioner/ landlord in RCP. The Rent Control Petition was filed claiming eviction under Section 11(2)(b) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (Hereinafter referred to as, 'the Act). According to the respondent, the petition schedule building belongs to the petitioner and it was leased out to the respondent for rent of Rs.900/- per month. The rent was enhanced @Rs.1035/- per month. The petition schedule room has been kept closed for more than one year without reasonable cause. The revision petitioner is not doing any business therein.

(2.) The revision petitioner filed a counter statement contending that when he was attempting to pay the rent at the rate of Rs.1,035/- in March, 2014 and subsequent months, the landlord has refused to accept the same. Even after getting the statutory notice, he tendered the amount. But the landlord refused to accept the same.

(3.) On the side of the landlord PW1 was examined and Exts.A1 and A2 were marked. On the side of the revision petitioner, RW1 was examined and Exts.B1 to B4 were marked. Ext.C1 was the Advocate Commissioner and his report was marked as Exts.C1 and C1(a).