IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MRS. JUSTICE M.R.ANITHA TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943 RCREV. NO. 164 OF 2020 RCA 11/2019 OF ADDITIONAL DISTRICT COURT & RENT CONTROL APPELLATE AUTHORITY, NORTH PARAVUR, ERNAKULAM REVISION PETITIONERS/APPELLANTS/RESPONDENTS

1 SIMON K.J.

AGED 69 YEARS S/O JOSEPH, KUNNANT HOUSE, CHIRAKKAKAM P.O.VARAPPUZHA-683

517, ERNAKULAM DISTRICT

2 FRIENDS ARTS CLUB, REGD NO E.R.30/73, CHIRAKKAKAM VILLAGE, REPRESENTED BY ITS PRESENT SECRETARY, K.J. SIMON

3 FRIENDS ARTS CLUB, REGD NO E R 30/73, CHIRAKKAKAM VILLAGE, REPRESENTED BY ITS PRESENT TREASURER, K SASIDHARAN.

4 FRIENDS ARTS CLUB, REGD NO E.R 30/73, CHIRAKKAKAM, VARAPPUZHA P.O.REPRESENTED BY ITS PRESENT PRESIDENT, K.B. SARAF, AGED 70 YEARS, S/O BAVA, KUNNANATTU VEETTIL, CHARIYAMTHURUTHU KARA, KADAMAKKUDY VILLAGE, KANAYANNUR TALUK BY ADV DEEPAK JOY.K.

RESPONDENTS/RESPONDENTS/PETITIONERS

1 MANGAMMA @ BREJITH ANDREWS AGED 64 YEARS W/O LATE ANDREWS, KUNNAT HOUSE, VARAPPUZHA, ERNAKULAM DISTRICT, NOW RESIDING AT VETTIKUZHA HOUSE, CHELAD P.O.KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 692.

2 GINU ANDREWS, AGED 31 YEARS S/O LATE ANDREWS, KUNNAT HOUSE, VARAPPUZHA, ERNAKULAM DISTRICT, NOW RESIDING AT VETTIKUZHA HOUSE, CHELAD P.O.KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 692.

BY ADV SRI.ALEXANDER JOSEPH THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 2.8.2021,THE COURT ON 7.9.2021 DELIVERED THE FOLLOWING:

ORDER

M.R.Anitha, J.

This Rent Control Revision petition has been directed against the judgment in R.C.A.No.11 of 2019 on the file of Additional District Judge and Rent Control Appellate Authority, North Paravur, dated 17.12.2019, which arises out of the order dated 6.6.2019 in R.C.P.No.11 of 2011 of the Rent Control Court, North Paravur. 2. This is the second round of litigation before this Court in connection with the aforesaid R.C.P. Revision petitioners are the respondents-tenant in the R.C.P.11 of 2011 filed by the 1^st respondent herein-landlord, along with his son, the 2^nd respondent herein, seeking eviction of the petition schedule shop room under Sections 11(3), 11(4)(ii) and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short 'the Act'), on the ground that the tenant ceased to occupy the petition schedule shop room for more than six months continuously and that they are using the said shop room in such a manner so as to destroy and reduce its value and utility materially and permanently.

Second petitioner is unemployed and wants to start a provision store in the petition schedule room. The petitioners have no other vacant room in the locality. A lawyer notice was issued to the respondent on 26.6.2011 demanding vacant possession, to which a reply was sent raising untenable contentions. Thereafter the R.C.P was filed.

3. The tenants filed objection admitting the tenancy arrangement. Contention regarding non-joinder of necessary parties was raised since Friends Arts Club and its office bearers were not made parties. [Subsequently they were impleaded as additional respondent Nos. 2 to 4 in the R.C.P. The present President of the club was impleaded as additional respondent NO.5 in R.C.A, as per order in I.A.1031 of 2019]. The tenants contended that the 2^nd petitioner is highly qualified and employed and is doing share market and real estate business. Hence there is no bona fides in the need urged by the landlady. They are residing at Kothamangalam, about 75 kilometres away from the petition schedule room, and have landed properties there. Hence they have no need to conduct a provision store. The allegation of non use of the room continuously for more than six months and use of the building so as to reduce its value and utility materially and permanently are also stoutly denied.

4. During trial PW1 was examined and Exts.A1 to A5 were marked on the side of the landlady. RW1 was examined on the side of the tenant. Thereafter, on hearing both