KUNCHERIA Vs. K.A. REYAS

JUDGEMENT

(1.) THE tenant has come up in revision challenging the concurrent orders ofeviction passed by the Rent Controller and the Appellate Authority underS.11(3)of the Kerala Buildings(Lease and Rent Control)Act,

(2.) THE brief facts necessary for the purpose of revision may be stated asfollows.The petition schedule property is a shop building in ChanganacheryMunicipality,bearing No.25/8.It was owned by one Pathumma Beevi wholeased it to the tenant on a monthly rent of Rs.50 on 8th June 1978 under Ext.A3 for a period of one year.After the expiry of the said period,the rent wasenhanced to Rs.150.On 25th February 1983 Pathumma Beevi assigned theproperty to 2nd petitioner as guardian of 1st petitioner who was a minor at thattime,under Ext.Al.First petitioner is the son of 2nd petitioner.After theassignment the tenant was paying rent to 2nd petitioner and the rent fell intoarrears after March,1991.The 1st petitioner attained majority on 7th April1993.On 23rd August 1993 he issued Ext.A4 notice through his advocateclaiming possession of the property to conduct a business of his own in Paints.The tenant sent Ext.B -3 reply alleging that it is only a ruse to evict him,that ifhe is evicted his main source of income will be lost and that there is no otheraccommodation available to shift his business.The petition was filed claimingeviction under S.11(2 )(b)arrears of rent,S.11(3)bona fide need andS.11(4 )(ii)stating that the tenant has used the building in such a manner as todestroy or reduce its value or utility permanently.

(3.) THE tenant challenged the order of the Rent Controller in R.C.A.No.43 of1995 and the landlord filed a Gross Objection challenging the dismissal of thepetition under S.11(4 )(ii)of the Act.The Rent Control Appellate Authorityconfirmed the findings of the Rent Controller and dismissed the appeal and theGross Objection.Tenant has filed this revision.