P.B. SURESH KUMAR, J.

1. The decision in E.A.No.133 of 2013 in E.P.No.183 of 2012 in R.C.P.No.53 of 2007 on the file of the Rent Control Court, Kozhikode, as confirmed in appeal, is under challenge in this Second Appeal.

2. The facts relevant for examining the correctness of the impugned decision are the following:-

The grandfather of the second respondent filed R.C.P.No.53 of 2007 for eviction of the tenants from the petition schedule building therein, under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The need, on the basis of which eviction of the building was sought in the said proceedings, was that the second respondent, a dependent of the petitioner therein is unemployed and that she wants to run a nursery in the petition schedule building. Since the building was sought to be evicted for the requirement of the second respondent, when the eviction petition came up for trial, the second respondent also gave evidence. In her deposition as PW2, the second respondent has reiterated the stand taken in the eviction petition that she is unemployed and that therefore, she needs the petition schedule building for running a nursery. The rent control c