K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Satheesan – Appellant
Versus
Abdul Rahiman – Respondent
1. Tenants are the revision petitioners. R.C.P.No.176 of 1998 was filed by respondents 1 to 4 herein for eviction of the tenants under Ss.11(2) (b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Rent Control Court allowed eviction under S.11(3) of the Act. Referring to the first limb of the second proviso to S.11(3), it was held that tenant is eking his livelihood from the income derived from the business conducted in the tenanted premises. Tenant was however found not entitled to the benefit of the second limb of the second proviso to S.11(3). Matter was taken up in appeal by the tenant by filing R.C.A.No.104 of 2001. Appellate Authority confirmed the finding of the Rent Control Court and dismissed the appeal. Tenant took up the matter before this court in C.R.P.No.920 of 2002. A Division Bench of this court while disposing of the revision petition, held as follows:
"We see no ground to interfere with the finding as to bonafide and with regard to application of first proviso as we have held that the building said to have been in possession of the landlords is not suitable for the intended business. Therefore, finding under the first proviso to S.
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