Bona fide requirement for eviction must be proven by the landlord, while the tenant bears the burden of proof for any statutory defenses under the Act.

ORDER

Anil K. Narendran, J.

The petitioner is the tenant in R.C.P.No.178 of 2014 on the file of the Rent Control Court (Munsiff), Thalassery, a petition filed under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act , 1965, by the respondent herein-landlord seeking eviction of the tenant from the petition schedule shop room. The bonafide need projected in the Rent Control Petition is that of the landlord's son to conduct a ready-made garments shop in the petition schedule shop room and also in the adjacent shop rooms. The tenant is occupying the petition schedule shop room on payment of a monthly rent of Rs.550/- and is conducting a tailoring shop. Before the Rent Control Court, the tenant filed counter statement opposing the order of eviction sought for under (3) of the Act.

2. Before the Rent Control Court, the landlord was examined as PW1 and the tenant was examined as RW1. The report and plan submitted by the Advocate Commissioner were marked as Exts.C1 and C2.

3. After considering the pleadings and evidence on record, the Rent Control Court, by the order dated 31.03.2018 allowed R.C.P.No.178 of 2014, granting an order of eviction under Section 11 (3) of the Act on a finding that the need projected by the landlord in the Rent Control Petition for an order of eviction under (3) of the Act is bonafide and that the tenant is not entitled for the protection under the first and second provisos to (3) of the Act. The tenant was directed to handover vacant possession of the petition schedule shop room to the landlord within one month from the date of that order. The tenant was also directed to pay cost of the proceedings to the landlord.

4. Challenging the order of eviction granted by the Rent Control Court under Section 11 (3) of the Act, the tenant filed R.C.A.No.67 of 2018 before the Rent Control Appellate Authority (District Judge), Thalassery under Section 18(1)(b) of the Act. The Appellate Authority by the judgment dated 07.04.2021 dismissed that appeal, thereby confirming the order of eviction granted by the Rent Control Court under (3) of the Act. Feeling aggrieved by the judgment dated 07.04.2021 of the Rent Control Appellate Authority in R.C.A.No.67 of 2018 and the order dated 31.03.2018 of the Rent Control Court in R.C.P.No.178 of 2014, the petitioner- tenant is before this Court in this revision, invoking the provisions under Section 20 of the Act.

5. Heard the learned counsel for the petitioner-tenant and also the learned counsel for the respondent-landlord. 6. The issue that arises for consideration in this Rent Control Revision is as to whether any interference is warranted on the order of eviction granted by the Rent Control Court under Section 11 (3) of the Act, which now stands confirmed by the judgment of the Rent Control Appellate Authority.

7. Section 11 of the Act deals with eviction of tenants.

As per Section 11 (1), notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this Act. As per the first proviso to (1), nothing contained in this Section shall apply to a tenant whose landlord is the State Government or the Central Government or other public authority notified under this Act. As per the second proviso to (1), where the tenant denies the title of the landlord or claims right of permanent tenancy, the Rent Control Court shall decide whether the denial or claim is bona fide and if it records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and such Court may pass a decree for eviction on any of the grounds mentioned in this Section, notwithstanding that the court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.

8. As per Section 11 (3) of the Act, a landlord may apply to the Rent Control Court, for an order directing the tenan