MANHANTEVIDA MAHAMOOD Vs. CHAKKARATH KULANGARA PREMA

JUDGEMENT

(1.) Both the revisions were filed by the respective tenants who are the respondents in R.C.P. Nos. 48 and 46 of 1993. The respondents herein filed the eviction petitions under S.11(2) and 11(4)(iv) of the Kerala Buildings (Lease & Rent Control) Act. The Rent Controller dismissed the petitions. The order of dismissal was reversed by the Appellate Authority and eviction was ordered. Against the order of the Appellate Authority these two revisions were filed by the tenant.

(2.) The case of the landlord in the eviction petitions was that the scheduled buildings are two of the four rooms in a line building situated in Kadirur town, on the side of Tellicherry - Koothuparamba road, that the building is an old one and the area in question is a fast developing area, that new buildings have come up in the near vicinity and that the building being an old one, it requires reconstruction.

(3.) The eviction petition was opposed by the tenants contending that the buildings are not in a dilapidated condition and has not sustained any damages and that the eviction petitions do not disclose what exactly were the damages caused to the building and that the plan and licence required for reconstruction were not produced. Both the Rent Control Petitions were tried together and evidence was recorded jointly. A Commissioner was also appointed who visited the property twice and filed reports which are marked as Exts. C1 and C2. The Rent Controller found that the alleged need for reconstruction is not bona fide. However, the Appellate Authority reversed the finding of the Rent Controller.