K NABEEL Vs. P MUHAMMAD IBRAHIM

JUDGEMENT

(1.) Since all these revision petitions have been filed, challenging the common judgment passed in appeal and parties are common, all these revision petitions are heard together and disposed of accordingly.

(2.) The revision petitioners are tenants, who are occupying various rooms owned and possessed by the respondent herein. The respondent herein altogether filed five rent control petitions, seeking an order of eviction under Section 11(3) of the Kerala Buildings(Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') on a common need.

(3.) According to the respondent/landlord, he bona fide needs the petition schedule shop rooms for starting an orthopaedic clinic. He is a Doctor specialised in orthopaedics and working as a Professor in the Department of Orthopaedics, Kannur Medical College and he intends to quit his present employment, so as to start his own Orthopaedic clinic at Perinthalmanna in the petition schedule buildings. He intends to shift his entire family to Perinthalmanna, where he is having a tharavad house situated behind the row of petition schedule rooms. Some other rooms belongs to his wife, which are situated in the same building and she also initiated proceedings to get vacant possession of those rooms. Thus, all the shop rooms owned by the respondent and his wife are the subject matter in various rent control petitions filed by him and his wife. He is in possession of a room bearing No.V/77 But, the said room alone is not sufficient or suitable for the need projected in the petition, as that shop room is a stair case room. Therefore, vacant possession of the petition schedule shop rooms are required to start a clinic. The commencement of such a clinic is extremely essential to earn the future livelihood for his family. The respondent is not in possession of any other suitable buildings, for the requirement of a hospital. But, several other shop rooms are available in the locality to shift the business of the revision petitioners from the tenanted premises. The revision petitioners are not depending upon the income derived from the business carried on in the petition schedule shop rooms.