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. 156 OF 2020 RCA 94/2018 OF ADDITIONAL DISTRICT COURT -III, KOZHIKODE REVISION PETITIONER/APPELLANT/RESPONDENT CHAMMAKKUNNUMMAL KUNHIKRISHNAN NAIR AGED 82 YEARS S/O. CHIRUTHEYI AMMA, KRISHNALAYAM, KOOTHALI VILLAGE, KOOTHALI DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305.

BY ADVS.

M.PROMODH KUMAR SMT.MAYA CHANDRAN RESPONDENTS/RESPONDENTS/PETITIONERS

1 KUTTIPARAMBIL NARAYANI AMMA AGED 70 YEARS D/O. JANAKI AMMA, KOOTHALI VILLAGE, KOOTHALI DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305

2 VADAKKEDATH DAKSHAYANI AMMA, AGED 62 YEARS D/O. JANAKI AMMA, THRIKKUTTISSERI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305

3 VALIYA NAGATH VASANTHA AMMA, AGED 57 YEARS D/O. JANAKI AMMA, KOOTHALI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305.

4 PAYIKKATTU SUMANGALA AMMA, AGED 55 YEARS D/O. JANAKI AMMA, NARIKKUN AMSOM DESOM, THAMARASSERY TALUK, KOZHIKODE DISTRICT 673 305.

5 KUTTIPARAMBIL KARUNAKARAN NAIR, D/O. JANAKI AMMA, KOOTHALI AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT 673 305.

SRI.SANTHARAM.P SMT.REKHA ARAVIND SRI.PAUL P. ABRAHAM SRI.P.G.GOKULNATH THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 5.8.2021, THE COURT ON 7.9.2021 DELIVERED THE FOLLOWING:

ORDER M.R.Anitha, J.

This Rent Control Revision Petition has been filed against the judgment in R.C.A.No.94 of 2018 of the Rent Control Appellate Authority (District Judge-III), Kozhikode dated 04.10.2019, which arose out of the order of the Rent Control Court (Munsiff), Perambra in R.C.P.No 4 of 2015 dated 20.03.2018. The petitioner is the respondent/tenant in the said R.C.P.

2. Petition schedule shop room was taken on lease by the petitioner/tenant (hereinafter be referred as the tenant) on a monthly rent of Rs.80/- on 16.05.1996 as per registered kychit No.1115 of SRO, Perambra from the mother of respondents, Janakiamma. The rent was periodically enhanced and the existing rent is Rs.200/- per month. Janakiamma died on 09.06.2010 and the respondents are her legal heirs. The rent of the building is in arrears from January, 2014 till the date of filing the petition for 11 months. The respondents bona fide require the petition schedule shop room for starting business by the 5^th respondent.

3. Lawyer notice was issued on 24.07.2014 demanding arrears of rent and intimating the requirement, for which a reply was sent raising frivolous contentions. 5^th respondent has no other avocation and is affected with cancer. Hence the petition has been filed under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act).

4. Petitioner/tenant entered appearance and filed objection denying the execution of the kychit and the entrustment of the petition schedule shop room as alleged. According to him, he has been in possession of the petition schedule shop room on lease from 1975 and is conducting business after obtaining licence from the Panchayath. There is no rent arrears and rent till December, 2014 has been paid by money order to the 3^rd respondent. The bona fide need alleged is denied. The 5^th respondent is residing far away from the petition schedule shop room and he is bedridden with cancer. Tenant has no other job and is depending mainly on the income derived from the petition schedule shop room. He is ready to pay the rent arrears from January, 2015. The 5^th respondent is having landed properties and other source of income. Respondents are having other shops in the building, where the petition schedule shop room situates. No suitable building is available in the locality for alternate accommodation of the tenant.

5. PW1 was examined and Exts.A1 to A5 were marked on the side of the respondents. RW1 and RW2 examined and Ext.B1 marked on the side of the tenant. Thereafter, on hearing both sides, the Rent Control Court allowed the