P.V.RAVEENDRAN Vs. C.V.USHAKUMARI

JUDGEMENT

(1.) Concurrent orders of eviction of the revision petitioner/tenant under Sec. 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short, 'the Act'), passed by the Rent Control Court, Kuthuparamba and the Rent Control Appellate Authority/ Addl.District Judge-IV, Thalassery are challenged in this Revision Petition.

(2.) The rent control petition was filed by the respondent-landlady claiming eviction under Sec. 11(2) (b) and 11(3) of the Act. The need urged by the landlady was to start a business in the petition schedule building by her husband, who retired from service. That claim was resisted by the tenant. The Rent Control Court, after deliberating upon the evidence adduced and on hearing both sides, found that the need urged by the landlady was bona fide and that the tenant is liable to be evicted. The tenant paid the entire rent arrears and hence no order was passed under Sec. 11(2)(b) of the Act. The challenge made by the petitioner to the order of eviction by filing an appeal before the Appellate Authority was not successful. That occasioned in filing this revision.

(3.) Heard the learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondent.