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2025 Supreme(Online)(Ker) 52132

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
KUNIYIL SHINOJ – Appellant
Versus
RAJALAKSHMI – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JAWAHAR JOSE, SHRI.AUGUSTINE P., SHRI.SANAND RAMAKRISHNAN, SHRI.GEORGE JAMES VATTATHARA, SHRI.GREGORY PRINCE MYLADI
For the Respondents: SRI.B.PREMNATH (E), SHRI.SARATH M.S., SMT.SAITHYA SANKAR

A.Muhamed Mustaque, J.

This Rent Control Revision was filed by the tenant. The landlord sought eviction under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') on the ground of bona fide need. The need projected before the Rent Control Court was for the occupation of the premises by the husband of the third petitioner, who intends to run a dairy farm. The Rent Control Court and the Appellant Authority appreciated the evidence and found that the need projected is genuine. The tenant contended that the husband lacks experience in running a dairy farm, as he is only an electrician. This contention was rejected by both the authorities, noting that there is no requirement that a person must possess prior experience to start a business. At some point, all entrepreneurs begin ventures without prior experience, which itself shows that experience is not a prerequisite for commencing a business. The Rent Control Court as well as the Appellate Authority appreciated the evidence in the proper perspective and also found that the tenant is not entitled to the protection under the second proviso.

2. We find no scope for interfering wi

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