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2014 Supreme(Ker) 123

K.T.SANKARAN, P.UBAID
K. S. Usman – Appellant
Versus
Vidyavathi @ Vidya Kalesan – Respondent


Advocates Appeared:
For the Petitioner:T.M. Abdul Latheef, Advocate.
For the Respondents: R1, V.V. Surendran, Caveator.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The eviction grounds under Section 11(4)(iii) of the Kerala Building (Lease and Rent Control) Act, 1965, require that the tenant has acquired a building of their own or put up a building that is reasonably sufficient for their requirements. In this case, the court found no evidence of such acquisition or construction by the tenant (!) (!) .

  2. The tenant's involvement in a partnership business or conducting a different business in another building does not constitute acquiring possession of a new building under Section 11(4)(iii). The evidence did not establish that the tenant had acquired or built a building reasonably sufficient for his needs (!) .

  3. The primary evidence indicated that the tenant handed over the premises to his brother, who conducted business there as a sub-tenant. The court found this to be a case of sub-letting, which is a ground for eviction, especially when the tenant has no claim that the person occupying the premises is an employee, partner, or helper (!) (!) .

  4. The landlord's initial burden of proof on sub-letting was discharged by showing that a third party was in exclusive possession of the premises. The tenant then failed to rebut this presumption and did not establish that the third party was a partner, employee, or helper, leading to the conclusion of sub-tenancy (!) (!) .

  5. Damage to the building caused by rough and careless use, such as heavy vehicle movement, can constitute a material and permanent diminution of the building’s value and utility, justifying eviction under Section 11(4)(ii). The evidence supported that such damage had occurred, impacting the safety and utility of the premises (!) (!) .

  6. The court emphasized that ordinary wear and tear does not justify eviction; only damage that materially and permanently diminishes the building’s value or utility is sufficient. The damage caused by heavy vehicles and the resulting cracks and structural issues were deemed to meet this criterion (!) .

  7. The court partially allowed the revision petition, setting aside the eviction order under Section 11(4)(iii) due to lack of evidence of the tenant's acquisition of a suitable building. However, the eviction based on damage caused by careless use was upheld (!) (!) .

  8. The court granted the tenant a period of two months to vacate the premises, conditioned upon the tenant filing an undertaking to vacate, depositing arrears of rent, and ensuring no further damage to the building. Failure to comply would lead to the execution of eviction proceedings (!) (!) .

These points summarize the court’s findings, the legal principles applied, and the directions given regarding the eviction process.


Judgment :

Ubaid, J.

1. Concurrent findings of the Rent Control Court and the Rent Control Appellate Authority under Section 11 4 (i), 11 (4) (ii) and 11 (4) (iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act' for short) against the tenant, are under challenge in this revision brought under Section 20 of the Act, by the tenant. Respondents herein are the legal heirs of the original landlord, who brought eviction proceedings before the Rent Control Court (Munsiff Court, Ernakulam) as RCP No.66 of 2011. The petition schedule building was let out to the revision petitioner herein by the deceased landlord on 1.5.1984 on a monthly rent of Rs. 3,340/-, for the purpose of running the godown of a parcel service, by name 'M/s.Saurashtra Roadways'. Subsequently, the rent was enhanced and now it is Rs.5,440/- per month. The landlord alleges that the respondent-tenant has sublet the building to his brother Ummer and the said Ummer has started an establishment of his own in the building by name 'M/s.SRD Logistics”. The said sublease arrangement was made by the tenant Usman without the knowledge and consent of the landlord. But the said arrangemen
































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