Kurian, J. - (1.) In the present appeals, we are called upon to consider the interplay between Section 11(4)(iii) and Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the Act").
(2.) The provisions to the extent relevant read as follows:- "(iii) If the tenant already has in his possession a building or subsequently acquires possession of or puts up a building, reasonably sufficient for his requirements in the same city, town or village; or (iv) If the building is in such a condition that it needs reconstruction and if the landlord requires bona fide to reconstruct the same and if he satisfies the court that he has the plan and licence, if any required, and the ability to build and if the proposal is not made as a pretext for eviction; Provided that the landlord who evicts a tenant and does not reconstruct completely the building within a time which may be fixed or extended by the Rent Control Court, shall on a petition before that Court be liable to a fine of rupees five hundred, if its proved that he has wilfully neglected to reconstruct completely the building within such time; provided further that the court shall have power at any time to issue directions regarding the reconstruction of the building and on failure of compliance by the landlord, to give effect to the order in any manner the Court deems fit and in appropriate cases to put the tenant back in possession or award the evicted tenant damages equal tot he excess rent he has to pay for another building that he is occupying in consequence of such eviction; provided further that the tenant who was evicted shall have the first option to have the reconstructed building allotted to him with liability to pay its fair rent."
(3.) The appellants filed Rent Control Petition Nos. 82 of 1994 and 83 of 1994 on the file of the Rent Control Court, Vatakara, seeking eviction of the respondents-tenants, mainly under Sections 11(4)(iii) and 11(4)(iv).;