ORDER :

C.S. Sudha, J.

This R.C.R under Section 20 of the Kerala Building (Lease and Rent Control) Act, 1965 (the Act) has been filed by the respondent (the petitioner in the R.C.P) in R.C.A.No.26/2011 on the file of the Rent Control Appellate Authority (RCAA), Vadakara. The appeal was filed by the respondent-tenant in the R.C.P. against the order dated 18/12/2010 in R.C.P.No.28/2009 on the file of the Rent Control Court (RCC), Nadapuram. The parties and the documents will be referred to as described in the R.C.P.

2. The petitioner/landlord moved the RCC, Nadapuram seeking an order of eviction under Section 11(3) and 11(4)(iii) of the Act. The petitioner claiming to be the owner of the petition schedule room on the basis of the decree in O.S.No.77/2004 on the file of the Sub Court, Vadakara, alleged that he bona fide requires the room for starting a retail stationary business in the tenanted premises. It was alleged that he has no other buildings or rooms in his possession, suitable for the proposed need. It was also alleged that the respondent is an immensely rich person, who has several other sources of income and therefore, he cannot get the benefit of the second proviso to Section