LAINAKALILLATH KOOLIYANGAL KAMARUNNISA Vs. A. SHABEER

JUDGEMENT

(1.) The only two questions that arise in this revision filed by the landlords are whether

(2.) The revision petitioners are the mother and two children. In the eviction proceeding instituted before the courts below, she represented her son who is the 2nd petitioner through a power of attorney executed on 27.03.2012 in her favour. The subject matter of eviction proceeding consists of two shop rooms bearing door Nos.KMCI-1113 and I-1106 situated in Kanhangad Municipality. The respondent is conducting an ice-cream parlour cum bakery in these two shop rooms under a tenancy arrangement with the landlords. The mother, the 3rd revision petitioner was the previous owner of the shop rooms and later on, under Ext.A3 settlement deed dated 06.11.2010, she transferred the ownership and possession of the rooms in favour of her children, who are revision petitioners 1 and 2, after reserving with her a limited right to receive rent of the premises.

(3.) The 2nd revision petitioner-son is an Accountant serving in U.A.E. He is living abroad with his family. While so, he suffered a cardiac arrest on 01.02.2012 and consequently, he was taken for treatment to Pariyaram Medical College in Kerala where he is said to have undergone angioplasty and received allied treatments for one month. He claims to have thereafter, taken a firm decision to shift from abroad and settle in the native place with family, on account of his alleged deteriorating ill-health as well as the work pressure which he found difficult to cope with. He, therefore, needed to run a bakery cum fruit shop in the tenanted premises after evicting the respondent. He claimed that there were no other suitable shop rooms in the possession of revision petitioners for conducting the proposed business.