PREMALATHA Vs. JAMEELA

JUDGEMENT

(1.) Whether shifting of an existing business of the landlord from the first floor to the ground floor would attract Sec. 11(8) of the Kerala Buildings (Lease and Rent Control) Act or not ? This is the simple question to be decided in this revision.

(2.) The tenant who is aggrieved by the concurrent findings under Sec. 11(8) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act' hereinafter), questions the legality of the order in this revision. The niceties of the distinction between Ss. 11(3) and 11(8) of the Act are drawn for our attention by the learned Counsel for the revision petitioner Sri.Saneesh Kumar K., who argued in extenso. According to him, if the need is to shift the existing business from the first floor to the ground floor, only Sec. 11 (3) of the Act would be attracted and not Sec. 11(8). According to him, it is not for the purpose of expansion of a present business, but the need is projected to shift the entire business from the first floor to the ground floor. He also raised the point of the non-consideration of the malafides attributed by the tenant in the pleadings by both authority. We shall also advert to these points at a later stage of the judgment. We also heard learned Senior Counsel Sri.Sudhi Vasudevan, who has been instructed to appear in this matter for the landlady.

(3.) We shall now advert to Sec. 11(3) of the Act, which reads thus: