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2014 Supreme(Ker) 552

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
Kaniyattayil Azeez – Appellant
Versus
Kaniyattayil Muhammad represented by Power of Attorney Holder Kaniyattayil Faisal – Respondent


Advocate Appeared
For the Petitioner:C. Khalid, Phijo Pradeesh Philip, Advocates.
For the Respondent:R1, C.P. Peethambaran, Caveator, C.P. Peethambaran, Advocates.

Judgment

Thottathil B. Radhakrishnan, J.

1. This is a revision petition under Section 20 of Kerala Buildings (Lease and Rent Control) Act (Act 2 of 1965), hereinafter called the 'Act'. The tenant challenges concurrent findings. Order of eviction was issued by the Rent Control Court on the ground of bona fide need of the landlord under Section 11(3) of the Act and on the ground of arrears of rent under Section 11(2)(b). That stands confirmed in a statutory appeal under Section 18 of the Act.

2. Heard the learned counsel for the revision petitioner and the learned counsel for the caveator/ respondent at the stage of admission.

3. The landlord Muhammed is deaf and dumb. His son Faisal is a married person. The need projected is that Mohammed wants the petition schedule shop room for his son Faisal to start a bakery business. Faisal has no other occupation. The Rent Control Petition was filed by Muhammed through his son as the duly constituted power of attorney. Evidence on record is that there is a lorry in Faisal's name and he has a licence to drive heavy vehicles. Tenant challenged the need set up and pleaded that he depends on the income derived from the business being carried out in















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