ELAYAVOOR SERVICE CO-OPERATIVE BANK Vs. PALLIYAT KHADEEJA

JUDGEMENT

(1.) R.C.P.No.249 of 2016 was filed by the respondentlandlady before the Rent Control Court (Principal Munsiff), Kannur seeking eviction of the petitioner-tenant under Sec. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. That petition was allowed. The appeal preferred by the petitioner before the Rent Control Appellate Authority (District Judge), Thalassery under Sec. 18(1)(b) of the Act was dismissed. Feeling aggrieved thereof, the petitioner filed this revision petition under Sec. 20 of the Act.

(2.) The rent control petition was filed raising the contention that the landlady-respondent, who remains unemployed, wants to start a readymade dress making unit, for which she requires the petition schedule shop room. Since she had no other building in her possession, she seeks eviction of the petitioner from the petition schedule shop room on the ground of bona fide need.

(3.) The petitioner filed a counter statement controverting the said claim. It was contended that the respondent, who is a Pardanashin lady, did not have any genuine need of starting such a business. Her intention is to evict the petitioner, which is a co-operative society and to let out the building for higher rent. She is in possession of several other buildings. The petition schedule building is not suitable for the projected need. The immediate reason for filing the petition for eviction is the declining of the respondent's demand to increase rent of the petition schedule building.