Point of law :Eviction of tenant - Bona fide need put forward by the landlord by itself is depending upon a contingency, namely, the final outcome of the civil suit mentioned above. Therefore in that circumstances, simply passing an order of eviction under Section 11 (3), will not serve justice to the parties

ORDER :

Ziyad Rahman A.A., J.

Both these Revision Petitions are filed by the Petitioner/landlord in RCP.No.184/2014 on the file of the Rent Control Court/Principal Munsiff-II, Kozhikode. The aforesaid Rent Control Petition was filed by the revision petitioner herein, seeking eviction of respondents/tenants from the petition schedule buildings, under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act). The Rent Control Court allowed the said petition, holding that the need set up by the landlord is bonafide and hence ordered eviction of the respondents/tenants. Challenging the aforesaid order of eviction, respondents 1 to 5 herein filed RCA.No.22/2017 and the 6th respondent filed RCA.No.19/2017 before the Rent Control Appellate authority, Kozhikode. Both the said appeals were allowed by the Rent Control Appellate Authority, as per a common judgment dated 27/07/2017, and challenging the said appellate orders, these revision petitions were filed. (Hereinafter in this judgment, the parties are mentioned as per their respective status in cause title in the Rent Control Petition).

2. The case advanced by the petitioner/landlord is as follows: The property described as petition A schedule property, originally belonged to the father of the petitioner. The aforesaid property was bequeathed in favour of the petitioner through a Will, jointly executed by his father and mother. In the Petition A schedule property, there is an old two storied building. Two rooms on the ground floor of the southern portion of the said building is described as Petition B schedule, and the said building was entrusted to one Sahadevan, by the father of the petitioner as per the Registered Kachit bearing No.173/1966, for the purpose of running a grocery shop. After the death of the said Sahadevan in the year 1995, respondents 1 to 5, who are the wife and children of the said Sahadevan, continued the lease arrangement and are paying the rent of the building. It was also contented that, since the Respondent Nos 3 to 5 are having other sources of income, the 2nd Respondent is conducting business in the petition B schedule room. It was further contended that, the 2nd Respondent is also running a supermarket in the name and style “Sahadevans Sons” in a commercial building constructed by him in a property situated just opposite to the Petition Schedule building. Apart from the Petition B schedule property, two shop rooms situated on the eastern side of the petition B schedule building, are also in the possession of 2nd Respondent, on the strength of a mortgage deed bearing No.2314/1995 entered into between the petitioner and the 2nd Respondent. The aforesaid building is shown as Petition C schedule building and seeking redemption of mortgage in respect of the said property, the petitioner has already filed O.S.No.133/2016 before the Additional Munsiff Court-II, Kozhikode which is pending consideration. Petition D schedule building, which is the 3rd room from the South, on the ground floor of the entire building was entrusted to 6th Respondent by the father of the petitioner in the year 1991.

Similarly, the 4th room on the northern side on the ground floor of the entire building and the room on its eastern side are described as Petition E schedule building and the same 7th was entrusted by the father of the petitioner to the 7th Respondent. The Petition F schedule building was entrusted to the 8th Respondent by the father of the petitioner as per Kachit bearing No. 3166/1990. It was further contended that, even though the 8th Respondent surrendered vacant possession of the building to the petitioner, no release deed has been executed by him. According to the petitioner/landlord, entire petition A schedule property and the buildings situated therein are adjacent to National Highway bypass and he wants to construct a