LAWS(KER)-1985-2-25

ABDUL MAJEED Vs. NANU KRISHNAN

Decided On February 22, 1985
ABDUL MAJEED Appellant
V/S
Nanu Krishnan Respondents

JUDGEMENT

(1.) This Civil Revision Petition emerges out of B.R C. O.P. No. 11 of 1975 on the file of the Rent Control Court, Changanacherry. There were four Petitioners of whom petitioners 1 to 3 are the children of the 4th petitioner, 4th petitioner being the father. They are the revision petitioners before this Court.

(2.) There were two shop rooms, which are items 1 and 2 in the petition schedule. Item No. 1 was at first rented out to the respondent by the wife of the 4th petitioner on 10-11-1957 for conducting a barber shop. Rent deed was also executed. Item No. 2 is a room in the same building adjacent to item No. l. At the time of rent transactions in 1957, item No. 2 was outstanding with some other tenant. Subsequently the tenant vacated and in the year 1961 item No.2 was also rented out to the respondent for the same purpose arid he was using both rooms together for his barber shop. The original rent was enhanced and subsequently rent for item No. 1 was Rs.60/-per month and item No. 2 was Rs. 25/-per month.

(3.) It was alleged that the first petitioner is a photographer depending upon the income from that business as the main source of his livelihood. It was also alleged that he was conducting the business in photography in his own residential building. The further allegation was that item No.2 is required for the photographic business which was intended to be conducted jointly by all the petitioners. On this ground, eviction was sought for.