LAWS(KER)-1989-5-9

SHANMUGHAN Vs. ROHINI

Decided On May 29, 1989
SHANMUGHAN Appellant
V/S
ROHINI Respondents

JUDGEMENT

(1.) These Civil Revision Petitions arise from a common order passed by the learned District Judge exercising his revisional power under the proviso to S.14 of the Kerala Buildings (Lease and Rent Control) Act.

(2.) The only respondent in all these revision petitions is the same person. The revision petitions arise from proceedings taken by a landlady who obtained an order of eviction under S.11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as 'the Act'. Of course, in C.R.P. No. 783 of 1989, which arose from BRC O.P. No. 88/79 the landlady did not obtain an order for eviction under S.11(3) but got an order under S.11(4)(iv) of the Act. Hereafter, the revision petitioners will be referred to as 'tenants' and the respondent as 'landlady'.

(3.) The landlady filed eviction petition against the tenants under two counts, viz. she wants to reconstruct the building (S.11(4)(iv) and after reconstruction she needs the building for her own occupation. As I said earlier, excepting in one case, all the authorities under the Act found that the landlady is entitled to eviction under S.11(3) and S.11(4)(iv) of the Act.