The burden of proving greater hardship by the order of eviction is on the tenant, and the comparative inconvenience, loss, trouble, and prejudice are relevant factors to be weighed.

Bhaskaran, J.

This Rent Control Revision is filed by the respondent in R.C.P.No.119/1994 on the file of the Rent Control Court, Thiruvananthapuram. The Rent Control Court as well as the Rent Control Appellate Authority have allowed the claim of the landlord.

2. According to the landlord, the original tenant was the wife of the respondent in the R.C.P. and after her death, the present tenant executed a fresh rent deed on 4-12-1991 agreeing to pay monthly rent of Rs.350. Originally the landlord’s father was conducting bakery business in the entire building. When he became old and was unable to make bakery items he decided to continue the business by purchasing bakery items from outside and to do business in a portion of the building and the remaining portion was let out to the respondent’s wife. For that purpose a temporary partition was made of the room where the bakery business was conducted. After the death of the father, the petitioner continued the business. The husband of the petitioner is not having any source of income. Both the landlord and her husband are now engaged in the bakery business. They want to expand the business and for that purpose the petition schedule shop room also is required. There are several other rooms available for the respondent in the R.C.P. to shift his business.

3. The tenant contended that he is not in possession of any other shop room. The petitioner's husband has his own business. There is sufficient space available with the petitioner and there is no need for evicting the tenant to expand thy business. There are no other building available in the locality for shifting the business. The comparative hardship which may be caused to the respondent would be much higher if an order of eviction is passed.

4. On the above pleadings the Rent Control Court considered the question whether the hardship caused to the tenant will outweigh the benefit of the landlord by an order of eviction. In support of the petitioner’s claim the husband of the petitioner was examined as P.W.1. An Advocate Commissioner was appointed to report about the accommodation available in the present bakery shop and to ascertain whether additional accommodation is required. The Commissioner filed Exts.C-1 and C-2 reports. She was also examined as C.P.W.2. The respondent was examined as C.P.W.1. After analyzing the evidence on both sides, the Rent Control court found that the landlord required the petition schedule premises also for the expansion of the bakery business. The Rent Control Court found that the petition schedule building is situated on the side of Statue-General Hospital Road, a very important business centre in Thiruvananthapuram and there are six bakeries on the same road side. The Rent Control Court considered the question as to whether the order of eviction will cause hardship to the tenant which will outweigh the benefit of the landlord. The Rent Control Court found that the tenant has not proved that there are no other buildings available in the locality and therefore it cannot be said that an order of eviction will cause much hardship to the tenant. The Rent Control Court therefore granted an order of eviction as prayed for.

5. In appeal, the Rent Control Appellate Authority has confirmed all the findings of the Rent Control Court. After hearing the learned counsel on both sides and perusing the records and orders of the authorities below we are not in a position to hold that the need for additional accommodation set up by the landlord is not bona fide. As a matter of fact the original landlord was doing business in the entire building. It was on account of his old age and other personal problems that he had to restrict his business to a portion of the building. Now the present landlord wants to do business in the entire building and the commission report suggests that there is congestion in the existing space for display of bakery items and additional space is really required and the landlord has given