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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
P. V. Raveendran, S/o. Gopalan – Appellant
Versus
C. V. Ushakumari, D/o. Sankaran Nambiar – Respondent
ORDER :
[Shoba Annamma Eapen, J.]
1. Concurrent orders of eviction of the revision petitioner/tenant under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short, 'the Act'), passed by the Rent Control Court, Kuthuparamba and the Rent Control Appellate Authority/ Addl.District Judge-IV, Thalassery are challenged in this Revision Petition.
2. The rent control petition was filed by the respondent-landlady claiming eviction under Section 11(2) (b) and 11(3) of the Act. The need urged by the landlady was to start a business in the petition schedule building by her husband, who retired from service. That claim was resisted by the tenant. The Rent Control Court, after deliberating upon the evidence adduced and on hearing both sides, found that the need urged by the landlady was bona fide and that the tenant is liable to be evicted. The tenant paid the entire rent arrears and hence no order was passed under Section 11(2)(b) of the Act. The challenge made by the petitioner to the order of eviction by filing an appeal before the Appellate Authority was not successful. That occasioned in filing this revision.
3. Heard the learned counsel appearing for the revision pe
'Propriety' does not confer power upon High Court to re-appreciate evidence to come to a different conclusion, but its consideration of evidence is confined to find out legality, regularity and propr....
Bona fide need is not synonymous to dire need or necessity or a mere whim or fancy.
Section 20 of Act cannot enable High Court to act as a first or a second court of appeal.
The bona fide need of a landlady under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, outweighs the tenant's assertions of mala fides.
Burden of proof in eviction cases lies with both parties to establish arrears or genuine need.
Point of Law : Though the revisional power under Section 20 of the Act may be wider than Section 115 of the Code of Civil Procedure, 1908 it cannot be equated even with the second appellate power con....
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