E K SADANANDAN Vs. SUSEEL KUMAR

JUDGEMENT

(1.) This Rent Control Revision has been filed by the tenants against the judgment passed in R.C.A. No.105/2015, on the files of the Rent Control Appellate Authority, Kozhikode, dismissing the appeal filed against an order of eviction passed by the Rent Control Court, Kozhkide, in R.C.P. No.77/2013, granting an order of eviction under Sec.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The legality and propriety of the concurrent findings of the courts below under Sec.11(3) of the Act are challenged in this Rent Control Revision.

(2.) It is the case of the petitioner/landlord that he intends to start a business in the down stairs portion of the petition schedule building. To use as a godown, to store the stationery items of the business which is proposed to be started in the ground floor, he bona fide needs the petition schedule room. The tenants contended that the need projected is a ruse for eviction only and the landlord is a partner of the textile business which is being conducted along with his brothers and he has so many other vacant buildings in his possession to start the business. It is also contended that he is entitled to get protection under the second proviso to Sec.11(3) of the Act.

(3.) The trial court found that the need projected by the landlord is a bona fide one and the tenants are not entitled to get an eviction under the second proviso to Sec.11(3) of the Act. In appeal, the Appellate Court also confirmed the findings of the Rent Control Court, as such, without any interference and dismissed the appeal.