Tenant's eviction under rent control laws requires proof of arrears and compliance with eviction grounds, reaffirming landlord's bona fide needs and tenant's failure to establish defenses like legitimate business reliance.

ORDER

Anil K. Narendran, J.

The petitioner is the 1^st respondent-tenant in R.C.P.No.219 of 2015 on the file of the Rent Control Court (Additional Munsiff-II), Kozhikode, a petition filed by the 1^st respondent herein-landlord under Sections 11 (2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , seeking eviction of the tenant from the petition schedule building on the ground of arrears of rent, bona fide need and subletting. In the Rent Control Petition it is alleged that the tenant paid rent of the petition schedule building at the rate of Rs.70/- per day only up to 31.07.2014. The landlord require the petition schedule building for starting mobile phone business for his son. The tenant sublet the petition schedule building to the 2^nd respondent. Before the Rent Control Court, the tenant opposed the order of eviction sought for, by filing counter statement. The 2^nd respondent, the alleged sub-tenant, remained absent and he was set ex- parte. On the side of the landlord, PWs.1 and 2 were examined and Exts.A1 to A10 were marked. On the side of the tenant, he was examined as RW1. The document marked as Ext.B1 is the power of attorney produced by the tenant. The report and plan of the Advocate Commissioner were marked as Exts.C1 and C(1)(a) and he was examined as CW1. After considering the pleadings and evidence on record, the Rent Control Court, by the order dated 28.09.2017, allowed R.C.P.No.219 of 2015 ordering eviction under (2) (b) and 11(4)(i) of the Act and the tenant was directed to put the landlord in possession of the petition schedule building, within 60 days from the date of that order. The prayer for eviction under Section 11 (3) was rejected. In the said order it was made clear that the order of eviction under (2) (b) of the Act can be vacated under the provisions of (2)(c) of the Act. Challenging the order of eviction granted by the Rent Control Court under (2)(b) and 11(4) (i) of the Act, the tenant filed R.C.A.No.7 of 2018 before the Rent Control Appellate Authority (Addl. District Judge-II), Kozhikode. The landlord filed Cross Appeal in R.C.A.No.7 of 2018 challenging the rejection of the prayer for eviction under (3) of the Act. The Appellate Authority by the judgment dated 31.01.2019 dismissed R.C.A.No.7 of 2018 filed by the tenant, thereby confirming the order of eviction granted under (2)(b) and 11(4)(i) of the Act. The Cross Appeal filed by the landlord was allowed, thereby setting aside the order rejecting the prayer for eviction under (3) of the Act, and the tenant was directed to put the landlord in possession of the petition schedule building. Feeling aggrieved by the order dated 28.09.2017 in R.C.P.No.219 of 2015 of the Rent Control Court (Additional Munsiff-II), Kozhikode and the judgment dated 31.01.2019 in R.C.A.No.7 of 2018 of the Rent Control Appellate Authority, Kozhikode, the tenant is before this Court in this Rent Control R