JAVERILAL KALYANJI Vs. SHETH BROTHERS

JUDGEMENT

(1.) In this petition, which is treated as one under Art.227 of the Constitution of India, the petitioners challenge the concurrent orders for their eviction from a building occupied by them. The orders impugned are Exts.P1 and P2 and P3 passed by the Rent Control Court, the Appellate Authority and the District Court, respectively. The proceedings which led to these orders were initiated under S.11(2) and (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, (the Act) on the grounds of arrears of rent and bona fide need for own occupation of the first respondent landlord. The question of eviction on the ground of arrears of rent does not survive for consideration at present.

(2.) The petition was filed by the first respondent, a registered firm of merchants doing business in Alleppey. The firm required the building for their occupation, as they desired to shift their head office from Alleppey to Cochin. The building could also be used for the residence of the partners. Space was besides available in the appurtenant land for putting up necessary additional structures for the purpose of the business.

(3.) The petitioners tenants raised the contention that the landlord firm was not a registered one and that the person Manilal T. Sheth, who had signed and verified the petition was not authorised to do so. The petitioners claimed further that the lease was of land, with the building thereon, and not of a building, with appurtenant land, and therefore, they were entitled to benefits under the Kerala Land Reforms Act, 1963. The bona fides of the landlord's need and claim was also challenged.