VARGHESE Vs. SASIDHARAN (DIED) AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 14.9.2017 passed by the Rent Control Appellate Authority, Irinjalakuda confirming the order in R.C.P.No.1 of 2008 passed by the Rent Control Court, Irinjalakuda on a petition filed under section 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Rent Control and Lease) Act, 1965 (for brevity 'the Act'). The Rent Control Court had ordered eviction of the revision petitioner tenant under sections 11(3) and 11(4)(iii) of the Act, but declined the prayer for ejectment under section 11(2)(b) of the Act.

(2.) We have heard the learned counsel for the revision petitioner.

(3.) The main contention of the revision petitioner is that the appellate authority had failed to consider an important aspect which would eclipse the bona fide need projected by the respondent in the rent control petition. According to him, after filing the rent control petition, in the building whereon himself and the respondent-landlord conduct their respective businesses, the respondent-landlord started construction of three additional rooms and it is a matter which would eclipse the bona fide need. Though the said aspect was brought to the notice of the Rent Control Court, it was not properly considered. The said contention was raised before the appellate authority as well and the appellate authority too had failed to consider that aspect in proper manner, it is submitted. It is in such circumstances that the petitioner attributes perverseness and illegality in the decisions of the Rent Control Court as also the appellate authority.