SASIKUMAR Vs. SHEEBA

JUDGEMENT

(1.) This is a tenants' revision against an order of eviction passed by the Rent Control Court, Neyyatinkara, in RCP No. 15/2000 and confirmed by the Rent Control Appellate Authority, Thiruvananthapuram, in RCA No. 31/2006.

(2.) The Rent Control Petition was filed in respect of two shop rooms occupied by the revision petitioners / tenants. One tenant is conducting a medical store while the other is conducting a bakery. The landlady claimed eviction on the grounds of arrears of rent (S.11(2)(b)) and bona fide own occupation (S.11(3)) of the Kerala Buildings (Lease & Rent Control) Act, 1965, hereinafter referred to as the 'Act' for short. The Rent Control Court found that the ground under S.11(2)(b) was not available to the landlady for the reason that a notice of demand, as contemplated by the Section, had not been served on the tenants. The said finding has become final. Therefore, the only ground that survives is the ground under S.11(3).

(3.) According to the landlady, her husband is an airconditioner mechanic working in the Gulf. He has returned to his native place and he is unemployed now. The rooms, according to the landlady, were needed for starting a workshop for conducting the repairs and maintenance of refrigerators, air conditioners and other similar equipments.