(1.) BY consent of both parties, the main revision itself was taken up for final hearing.
(2.) THE petitioners are the tenants, who are respondents 1 and 2 in the eviction petition filed by the respondent herein under S. 11 (2) and 11 (3) of the Kerala Buildings (Lease & Rent Control) Act. THE respondent tiled the petition for eviction contending that the building described therein was given to the tenant for conducting business and that the rent was kept in arrears since 1. 5. 1992. THE landlord also claimed bona fide need of the premises for his son, to use the building as office-cum-residence.
(3.) THE said petition was resisted by the respondent herein stating that if the petitioner was allowed, it will change the entire cause of action and that the landlord will be put to great hardship. It was also contended that the application filed to amend the counter affidavit was not only belated, but also raised inconsistent pleas. By way of amendment, the tenant cannot be allowed to introduce a new case and displace the landlord completely from the admission made in the counter affidavit.