JOHNSON S/O KOMBAN JOSEPH Vs. DHAKSHINAMOORTHY

JUDGEMENT

(1.) The revision petitioner is the 1st respondent in R.C.P. No.101 of 2010 on the files of the Rent Control Court, Palakkad as well as the appellant in R.C.A. No.29 of 2012 on the files of the Addl.Rent Control Appellate Authority-V, Palakkad. The parties are referred to as in the Rent Control Petition.

(2.) The respondents herein are the petitioner and supplemental respondents 3 and 4 in the said Rent Control Petition. The 2nd respondent died during the pendency of the proceedings and her legal heirs were impleaded as respondents 3 and 4 in the Rent Control Petition. The aforesaid Rent Control Petition was filed, claiming an order of eviction under Section 11(3) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The parties are referred to as in the Rent Control Petition.

(3.) According to the petitioner, the petition schedule building belongs to him, by virtue of the partition deed No.4563 of 1999 and it is the middle portion situated in 'C' schedule to the partition deed. Originally, the petition schedule shop room was taken on lease by one 'Komban Joseph', the predecessor of the respondent from the predecessorin-interest of the petitioner. After the death of the original tenant, the respondents are holding the property as tenants. The petition schedule shop room has been used as a godown and as a residence for the employees of Santha book depot and book stall owned by Sri. Komban Joseph. Subsequently, the petitioner and the respondents entered into a lease agreement on 16.01.2001 and the rent was fixed as Rs. 1,500/- per month. Now the elder son of the petitioner, namely Basanth, is presently doing business in the name and style 'Extreme computer peripherals' in a rented building near Stadium byepass road and he has to pay a monthly rent of Rs. 3,000/- for the said room. He is dealing in the business of computer and accessories. Now the petitioner is in bona fide need of the petition schedule building for starting the aforesaid business of his son Basanth, who is a dependant on the petitioner for the petition schedule building. He has no other vacant buildings in his own possession to start the aforesaid business. The respondents are not depending on the income from the petition schedule shop room and several other rooms are available in the locality. On the above premises, the petitioner sought for an order of eviction under Section 11(3) of the Act.