BALAN Vs. BIJINA

JUDGEMENT

(1.) Whether the attempt made by the landlady to sell away the tenanted premises to the tenant during the pendency of the rent control proceedings is fatal to a plea under S.11(3) is the question that has come up for consideration in this case.

(2.) Eviction was sought for by the landlady under S.11(3) and 11(4)(iii) of Act 2 of 1965. Rent Control Court rejected the ground under S.11(3), however, eviction was ordered under S.11(4)(iii). Landlord filed RCA, 145/02 against the order under S.11(3) and tenant filed RCA. 134/02 against the order under S.11(4)(iii). Both the appeals were heard by the Appellate Authority and a common judgment was rendered. Appeal filed by the landlord was allowed and the appeal preferred by the tenant was rejected.

(3.) The tenant is conducting a bakery by name Famous Bakery in the tenanted premises from 1984 onwards on a monthly rent of Rs. 1800/-. Tenanted premises originally belonged to the father of the landlady. She became the owner by virtue of settlement deed No. 1102/97 of SRO Maradu. Landlady required the tenanted premises for the purpose of conducting a provision store. Landlady's husband who is experienced in that line of business would help her for the conduct of business. Landlady issued lawyer notice Ext.A5 on 2.9.1988 demanding surrender of the tenanted premises for the purpose of conducting business. Later she sent another lawyer notice A2 dated 19.1.2000 and requested the tenant to surrender the premises. She has also claimed eviction under S.11(4)(iii) since tenant has acquired another building in the same locality.