DINESHAN PILLAI P.B. Vs. JOSEPH

JUDGEMENT

(1.) Does the pendency of a Civil Suit, seeking a decree for realisation of the arrears of rent or the existence of a decree for the same, preclude the Landlord from instituting a Rent Control Petition, seeking an order of eviction under Section 11(2)(b) of the Kerala Building (Lease and Rent Control) Act, on the ground of arrears of rent, of the same period.

(2.) Is it obligatory on the part of the tenant to identify and point out the vacant buildings in the possession of the Landlord, for giving special reason, for not occupying that building by the Landlord.

(3.) According to the petitioner, the rent was in arrears from 20/07/2005. Though he had sent statutory notice demanding payment of arrears, the respondent did not heed to the said notice and thereby, he is entitled to get an order of eviction under Section 11(2)(b) of the Act. Further, the petitioner averred that the petitioner and tenant are occupying different rooms of the same building owned by him. He needs the petition schedule shop room for the expansion of his business, carrying on in the corner shop room of the building to which the petition schedule shop room also forms a part. He has no other shop room of his own in his possession, suitable for the expansion of the existing business. But, several other buildings are available in the same town to shift the respondent's business from the tenanted premises. With the aforesaid averments, he prayed for eviction of the respondent under Section 11(2)(b) and 11 (3) of the Act.