The landlord seeking eviction under S.11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, need not prove bonafide need for own occupation in addition to the conditions specified under S.11(4)(iii).

Usha j.

The question raised in the Civil Revision Petition is whether for a landlord to get eviction of the tenanted building under S.11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 he has to prove that he bonafide needs the building for his own occupation or for the occupation of any member of his family dependent on him. According to the provisions contained under sub-section (10) of S.11 is it njandatory for the landlord to satisfy the test provided under sub-section (3) regarding bona fides even for getting eviction under S.11(4) (iii) also?

2. The revision petitioner is the tenant. Respondents are the legal representatives of original landlord who filed R.C.P. No. 30/84 evicting the petitioner herein under S.11(3) and (4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The rent control authority allowed the application for eviction on both grounds. On Appeal, the appellate authority found that the landlord has not made out a case for eviction on the ground of bona fide need under S.11(3), but at the same time eviction was ordered under S.11(4)(iii). Aggrieved by the above order of the appellate authority, this revision petition is filed by the tenant.

3. Sub-section (1) of S.11 provides that notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of the Kerala Buildings (Lease and Rent Control) Act. The main portion of S.11(3) reads as follows:

"A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him".

4. The above would show that the bona fide need of the building is a ground available to the landlord for evicting the tenant. Sub-section (4) of S.11 also provides certain other grounds for the landlord to claim eviction of the tenant. The relevant portion of S.11(4) reads as follows:

"A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building: -

(i) if the tenant after the commencement of this Act, without the consent of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so....

(ii) if the tenant uses the building in such a manner as to destroy or reduce its value or utility materially and permanently; or

(iii) if the tenant already has in his possession a building or subsequently acquires possession of or puts up a building, reasonably sufficient for his requirements in the same city, town or village; or

(iv) if the building is in such a condition that it needs reconstruction and if the landlord requires bona fide to reconstruct the same and if he satisfies the Court mat he has the plan and licence, if any required, and the ability to rebuild and if the proposal is not made as a pretext for eviction;

(v) if the tenant ceases to occupy the building continuously for six months widiout reasonable cause, It 4. S.11(7) and (8) read as follows:

"(7). Where the landlord of a building is a religious, charitable, educational or other public institution, it may, if the building is needed for the purposes of the institution, apply to the Rent Control Court, for an order directing the tenant to put the institution in possession of the building.

(8) A landlord who is occupying only a part of a building may apply to the Rent Control Court for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof , if he requires additional accommodation for his personal use".

5. Sub-section (10) reads as follows:

"10. The Rent Control Court shall, if it is satisfied dial the claim of the landlord under sub-sections