IMPORTANT POINT
The landlord's bona fide need for eviction is upheld unless the tenant proves that subsequent events fully negate this requirement.

ORDER :

P. Krishna Kumar, J.

In this revision petition, the tenant challenges the findings of the Rent Control Appellate Authority that the respondent-landlord is entitled to get vacant possession of the petition-scheduled building as per Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (‘the Act’, for short). By the impugned order, the Appellate Authority set aside the order of dismissal of the eviction petition by the Rent Control Court.

2. Respondents are the owners of the petition scheduled building which was rented out to the petitioner by their predecessor-in-interest. Respondents contended that the first among them has no job and hence he wants to start a business in Hardware in the petition scheduled room. It was resisted by the petitioner by contending that the landlords are in possession of several other vacant rooms which are more convenient for starting the said business.

3. The eviction petition was filed in the year 1997 under Section 11(2)(b) and 11(3) of the Act. The Rent Control Court had dismissed the petition finding that the landlords have no bonafides. On appeal, the Rent Control Appellate Authority found in favour of the landlords and ordered eviction. This finding was reversed by the High Court and the case was remanded back to the trial court for taking fresh evidence as regards certain subsequent events viz., the landlords obtained vacant possession of three shop rooms followed by the eviction order in R.C.P. No.19/1992. After considering the fresh evidence, the Rent Control Court again found that the landlords were not entitled to get eviction as they were in possession of other vacant rooms which they rented out subsequently. The Rent Control Appellate Authority again set aside this finding and remanded back the matter for fresh disposal, on taking additional evidence. This time, an Advocate Commissioner was appointed by the trial court to inspect the petition-scheduled building and the other rooms. Accordingly, Ext.C1 report was filed by the Commissioner. The Commissioner was also examined as a witness.

4. The third time as well, the Rent Control Court dismissed the case. The court found that:

“11. It is stated by PW1 that he need a room having an area of 400 to 500 sq.feet for starting hardware business. It is for that reason the case was remanded back to this court to take out a commission and enable both parties to adduce evidence restricted to appointment of the commissioner. After remand PW4 inspected the spot and filed Ext.C2 and C2(a) showing the area of petition schedule building and three other rooms which the petitioners got vacant possession after the disposal of RCP No.19/92. As per Ext.C1 the petition schedule building is having a total area of 647.52 Sq. feet. Room in RCP No. 19/92 has a total area of 482.93 Sq. feet. The room occupied by Sri. Reji is having an area of 206.81 Sq. feet. The rooms in RCP 19/92 and the room occupied by Sri.Reji earlier are having a total area of 689.74 Sq. feet. Those rooms are lying nearby facing the road. Petitioners have no case that those rooms cannot be combined. On a perusal of Ext. C1 it can be seen that those three rooms are having more area than petition schedule room and that can be combined together to conduct a hardware shop. There is no explanation from the side of the petitioners why they did not occupying those three rooms which are having more area than the petition schedule building, even after getting vacant possession. If the petitioners actually require the vacant possession of the rooms for the bonafide need of the first petitioner they would have definitely started the business on getting vacant possession of the other rooms. Ext.B10 strengthens the case of the respondent in that regard. It is also admitted by PW1 that two rooms in the first floor of the building became vacant consequent to the filing of RCP 5/2005 and those rooms were in their possession. I