CHURCH OF SOUTH INDIA TRUST ASSOCIATION Vs. RAMANATHAN

JUDGEMENT

(1.) This is a revision by the landlord who sought eviction of the respondent under S.11(2)(b), 11(4)(iii), 11(4)(iv), 11(7) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965. It (the revision petitioner is an institution) succeeded before the Rent Control Court and the Appellate Authority. On revision by the tenant the application for eviction was dismissed by the revisional court. Hence this revision by the landlord institution.

(2.) I may at the outset say that the grounds founded on S.11(4)(iii) and 11(8) were not pressed before me by the learned counsel for the revision petitioner. The ground mentioned in S.11(2)(b) also need not be examined herein in so far as the tenant has admittedly deposited arrears of rent. There remain for consideration only the grounds founded on S.11(4)(iv) and 11(7) of the Act. It would be advantageous to consider the said grounds in the reverse order.

(3.) S.11(7) of the Act enables a religious, charitable, educational or other public institution, to seek eviction of a tenant occupying a building belonging to such institution "if the building is needed for the purposes of the institution." There is no dispute before me that the revision petitioner is an institution coming within the purview of the aforesaid provision. The only question that arises so far as the case on hand is concerned with reference to the aforesaid provision is as to whether the institution needs the building in question for the purposes of the said institution.