ORDER

Ziyad Rahman A.A., J.

1. The revision petition is filed by the tenant being aggrieved

by the order of eviction passed by the Rent Control Court/Principal Munsiff-2, Kozhikode in RCP 49/2015, which was confirmed by the 2 nd Additional Rent Control Appellate Authority/2 nd Additional District Judge, Kozhikode in RCA

65/2017.

2. The Respondent/landlord (hereinafter referred to as

landlord), filed the above rent control petition, seeking eviction of the Respondent/tenant (herein after referred to as tenant), under Section 11 (4) (iii) and 11 (8) of the Kerala building (Lease and Rent Control) Act, 1965 (herein after referred to as Act). The rent control petition was filed with the following averments:

The petition schedule room situated in Kozhikode Corporation originally belonged to the mother of the landlord Smt Bhargavi. Later, as per Exhibit A1 settlement deed her mother had conveyed the petition schedule room in favour of the landlord and since then he is in absolute ownership of the same. Earlier, while the ownership of the said building remained vested with the mother of the landlord, she entered into a lease agreement with the Respondent in respect of the said building for a monthly rent of Rs 1500/-. The landlord and his wife are Dentists by profession and they are running a dental clinic by name

“Thiruvannur Dental Clinic” adjacent to the Western boundary of the petition schedule room. The petition schedule room is a portion of the entire building wherein landlord and his wife are conducting Dental Clinic since

2002. It is the case of the landlord that, at present he is finding it difÏcult to accommodate additional staff, clients and additional clinical facility to run the clinic. Therefore he require the petition schedule room for additional accommodation for expanding the clinic. On the upstair of the petition schedule room also two rooms are lying vacant and the landlord wants to use those rooms also for the purpose of expansion of the clinic. It is also mentioned that, for using the upstair portion of the petition schedule room, he wants to construct a staircase from the clinic. It is also contented by the landlord that, after the entrustment of the petition schedule building to the tenant, the tenant has recently acquired another building having sufÏcient space to accommodate the stationery shop which is being run in the petition schedule room. The said building is situated in the very same locality at 200 meters away from the petition schedule room. Even though the landlord had sent a notice demanding vacant possession of the petition schedule room on the grounds mentioned above, the tenant refused to do so. The Rent Control Petition is filed in the above circumstances.

3. The tenant filed a counter statement admitting the fact that

the petition schedule room originally belonged to the mother of the landlord, but execution of the settlement deed in favour of the landlord by the mother was denied. It is contented that landlord does not have any exclusive title over the petition schedule. It is averred that, he is occupying the petition schedule room as a tenant on the basis of a lease arrangement entered into between the tenant and the mother of the landlord for a monthly rent of Rs 1500/-. The bona fide need put forward by the landlord is stoutly denied by the tenant. It is contented that there is no shortage of space in their clinic for proper functioning. In fact there are two rooms in the upstairs of the building in which the petition schedule room situates and if the landlord is intending to expand his clinic, certainly those rooms can be utilised. He further contended that the stationery shop conducted in the petition schedule room is the source of income for him and he is depending upon the same for his financia