KOROTH EARAYINTAVIDA SAFIYA Vs. P A HARIDASAN

JUDGEMENT

(1.) The landlady is the revision petitioner. She filed R. C.P. No. 312/91 before the Rent Control Court, Kannur seeking eviction of the respondent from the petition scheduled premises bearing door No. 3/151 in the Pallikunnu Panchayat, on grounds of arrears of rent and for purposes of own occupation under Sections 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act').

(2.) The landlady alleged that the building had been taken on rent by the tenant in 1975 on a monthly rent of Rs. 50/- and the rent had been subsequently enhanced to Rs. 75/- per month and had been paid at that rate for the period inclusive of October, 1990. She alleged that the rent for the subsequent period was in arrear. She also stated that the building was required for the residence of her daughter Fazida, her husband and children after necessary modification along with the adjoining portion which was the subject matter of R.C.P. No. 313/91, filed against the tenant of that portion.

(3.) The respondent/tenant resisted the petition. The two petitions were jointly tried. The Rent Controller found that the arrears had been discharged and there was no scope for an order for eviction under Section 11 (2) (b) of the Act. The Rent Controller accepted the landlady's case that she required the building bona fide for purposes of occupation by her daughter and granted an order for eviction under Section 11 (3) of the Act. The prayer for eviction of the tenant from the adjoining portion in R.C.P. No. 313/91 was also granted.