K.K. ABDUL NASAR Vs. CHOMBAKKAD KUNHAMU HAJI

JUDGEMENT

(1.) Landlord moved a rent control petition to evict his tenants on the grounds under section 11(2)(b) and (4)(i) and (iii) of the Kerala Buildings (Lease and Rent Control) Act (for short, 'the Act'). The rent control court dismissed the petition rejecting all the grounds. The landlord went in appeal. His appeal was allowed. Eviction was granted on all grounds sought. Tenants are in revision.

(2.) The parties are referred to in this order either as landlord, tenants and sub-tenants or as they are shown in the rent control petition.

(3.) The case of the landlord goes as follows: His tenants are respondents 1 and 2. The building was let out to them on a monthly rent of Rs. 800.00. The rent was enhanced to Rs. 1,000.00 per month. Rent fell in arrear since Jan. 1998. Respondents 1 and 2 who are the tenants are not occupying the tenanted premises. They sublet it to respondents 3 and 4 violating the stipulations in the rent deed. Respondents 3 and 4 are running a textile shop in the premises. Respondents 1 and 2 are doing some other business at some other premises. The first respondent is doing business in coconut at Kovvai near Payyannur. The 2nd respondent is running an electrical shop in the heart of Payyannur town. Those premises are sufficient for their respective businesses. Despite receipt of statutory notice requiring to clear the rent arrears and vacate the premises the tenants neither vacated nor cleared the rent arrears.