A.T.JOY Vs. P.K.SREENIVASAN

JUDGEMENT

(1.) The tenants are the revision petitioners. They filed these revision petitions under Sec. 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, "the Act"), challenging the common judgment dtd. 30/11/2018 of the Rent Control Appellate Authority (Additional District Judge-I), Ernakulam in R.C.A.Nos.5 and 6 of 2017. As per the said judgment, the Appellate Authority confirmed the orders of eviction granted by the III Additional Munsiff and Rent Control Court, Ernakulam, in favour of the respondent-landlord under Sec. 11(3) of the Act.

(2.) Rent control petitions were filed by the respondent/landlord under Ss. 11(3) and 11(8) of the Act. I.A.No.6526/2016 was filed for joint trial of the rent control petitions and since the contentions of the petitioners in both the petitions were on similar lines, the petitions were tried jointly. The landlord is the owner of a two storeyed building by name 'Sooraj Building' at Mathrubhumi junction at Kaloor and the rent control petitions were filed for eviction of the two rooms on the ground floor, which are adjacent premises, for the bona fide need of the dependent son of the landlord to start an exclusive boutique shop for men and women. It was contended that his son, who was a qualified textile and garment designer, is having immense knowledge and expertise in designing and hence, can earn a good living if he starts business at a commercially important location.

(3.) The respondents-tenants in the respective rent control petitions raised similar objections. They contended that the petition schedule shop rooms, which form part of the building, are small and separated and are not sufficient to meet the requirements of a boutique shop and even admitting that, even if the need is bona fide, the landlord has rooms of his own in the same building and that it is totally unsuitable to start a business as proposed by the respondent. It was further contended that the tenants are depending mainly on the income derived from the business conducted in the tenanted premises for their livelihood and there are no suitable rooms available in the locality for them to carry on the same.