IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 14^TH DAY OF OCTOBER 2024 / 22ND ASWINA, 1946 RCREV. NO. 123 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 20.02.2024 IN RCA NO.53 OF 2022 OF ADDITIONAL DISTRICT COURT KOZHIKODE-III / II ADDITIONAL MACT, KOZHIKODE ARISING OUT OF THE ORDER/JUDGMENT DATED 03.03.2022 IN RCP NO.107 OF 2018 OF PRINCIPAL MUNSIFF COURT ,KOZHIKODE-II REVISION PETITIONER/APPELLANT/RESPONDENT:

K.P AYISHABI AGED 61 YEARS D/O KUNHIMUHAMMED, DILSHADMANZIL. VALIYEDATH, PANNIYANKARAAMSOMDESOM, KALLAI P.O, KOZHIKODE TALUK, PIN – 673003.

BY ADV E.NARAYANAN RESPONDENT / RESPONDENT/PETITIONE R :

EDAYATSAIDALAVI HAJI AGED 69 YEARS S/O MOIDEENKUTTY, ERANJHIPARAMBA, KANNAMANGALAMAMSOMDESOM, THIRURANGADITALUK, PIN – 676304.

BY ADVS.

FIROZ K.M.

M.SHAJNA(K/1017/2006)

THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 14.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

AMIT RAWAL & EASWARAN S., JJ.

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R.C.Rev.No.123 of 2024 -----------------------------------------------------------

Dated this the 14^th day of October, 2024 ORDER Amit Rawa l , J .

The present revision petition is directed against the concurrent finding of the facts rendered by the Rent Controller in RCP No.107 of 2018 filed by the respondent – landlord, seeking eviction of the petitioner - tenant on the ground of arrears of rent and cease to occupy, as per the provisions of Section 11(2)(b) and 11(4)(v) of the Kerala Building (Lease & Rent Control) Act, 1965 and upheld by the Appellate Authority in RCA No.53 of 2022 vide judgment dated

20.02.2024.

2. Succinctly facts in brief are as follows :

Respondent – landlord instituted the eviction petition RCP No.107 of 2018 on the premise that the scheduled shop rooms were let out to the petitioner - tenant as per the rent agreement dated 31.01.2016 on a monthly rent of Rs.19,000/-, which was subsequently enhanced to Rs.22,900/- as per the mutual agreement. Though through the conduct of the parties it was rented but was styled as a licence agreement.

Petitioner - tenant defaulted the payment of the monthly rent since December, 2017, as only a paltry amount of Rs.14,000/- was paid for the month and thereafter, stopped payment and claimed the arrears of rent from January, 2018, at the rate of Rs.22,900/- and balance of December, 2017, i.e. Rs.5,000/-. Before the filing of the rent petition, a legal notice dated 01.07.2018 was served upon the petitioner - tenant to clear the arrears of rent, i.e. Rs.1,58,5200/- due inclusive of the rent for the month of June, 2018. The notice was duly replied on 18.07.2018, whereby the baseless contention of set off by claiming the rent at the rate of Rs.6,000/- and not Rs.19,000/- was raised. It was further stated that a sum of Rs.1 lakh was paid towards the security deposit, but was not adjusted bsides another amount of Rs.5 lakhs. Since the parties were variance, learned Rent Controller framed the following issues:

i. Whether the respondent has kept in arrears of rent and the petitioner is entitiled to get an order of eviction under Section 11(2)(b) of said Act?

ii. Whether the petitioner is entitled to get an order of eviction under Section 11(4)(v) of the said Act?

iii. Relief and costs?

3. Both the parties in support of the respective claims brought on record the following documents: