OKTOPALS SPORTS Vs. CHANDRAPRAKASH

JUDGEMENT

(1.) Petitioners in revision are the tenants, who suffered concurrent common orders of eviction before the Rent Control Court, Thrissur in R.C.P. Nos.111, 113 and 117 of 2005 as well as the Rent Control Appellate Authority, Thrissur in R.C.A. Nos.67, 68 and 69 of 2017 under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act,1965 (for short 'the Act'). The respondents, who claim to be the landlords sought eviction of the tenants under Section 11(2)(b) of the Act also, but it was refused by the Rent Control Court and the order has become final, since the respondents have not filed any appeal challenging the same.

(2.) The tenants are Partnership Firms dealing in sale of sports equipments occupying tenanted rooms in the first floor of Nandilath Towers, which was formerly called as 'Empire Building'. The Nandilath Building has three floors, of which, a few rooms in the first floor are in the possession of revision petitioners, while rest of the rooms are in the possession of some other tenants and a Partnership Firm alleged to be constituted in the names of respondents and their two children called as 'Nandilath Fridge Centre'. The respondents are husband and wife. They purchased Nandilath towers under Ext.A1 sale deed in the year 2003 from the previous landlords with whom the revision petitioners and other tenants commenced their tenancy. The respondents claim to be conducting in their individual names, a business in sale of electronic home appliances under the name and style 'Nandilath 2 nd Electronics' at a few places in the State. The respondent claims that she is conducting 'Nandilath Electronics' in her individual name in 'Marwa Arcade Building' in Thrissur municipal town itself, after having taken a portion of the building on monthly rent.

(3.) Her case is that, she wants to develop her business and for that purpose, bona fide needs to shift her trade from the rented premises to her own building in the first floor after evicting all the tenants, including the revision petitioners. According to her, respondents are not in possession of any vacant rooms in Nandilath Towers suitable for shifting her business from the tenanted building. The third floor is said to be a godown used by Partnership Firm by name 'Nandilath Fridge Centre'. As regards the ground floor also, a portion is said to be in the possession of Nandilath Fridge Centre Firm and the rest in the custody of a few other tenants.