S.SANKARASUBBAN, S.MARIMUTHU
Aboobacker – Appellant
Versus
Nanu – Respondent
S. Sankarasubban, J.
This revision is filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter called as 'the Act') against the judgment of the Rent Control Appellate Authority in R.C.A. No. 83 of 1989.
Petitioners in R.C.P. No. 124 of 1985 are the petitioners in this revision petition. The Rent Control Petition was filed under Ss.11(3) and 11(4)(i) of the Act.
2. There are two petitioners in the R.C.P. The bonafide need alleged was that the first petitioner was doing business in Bombay on the road side. The Bombay Corporation has prohibited such vending and hence, he has to come back to Thalassery and he wants to start a business in the room occupied by the respondent. Further contention was that the respondent/ tenant is conducting a cycle shop in the room. But he is using it in such a way that there is diminution in its value and utility. It is on the above allegation that the petition was filed.
3. The tenant filed objection in which it is stated that the bonafide need alleged is not true. Petitioners 1 and 2 are brothers. According to the tenant both of them were doing business at Bombay and the business is being conducted even now. According
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