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2025 Supreme(Online)(Ker) 55652

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, HARISANKAR V. MENON, JJ
BALAN – Appellant
Versus
KRISHSIVARAMAN – Respondent
RCREV. NO. 143 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.RAJIT, SRI.AJAIY BASKAR
For the Respondents: SRI.V.A.VINOD

Bona fide needs of the landlord for eviction affirmed under rent control regulations.

Headnote:This Rent Control Revision challenges an eviction order issued under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, based on arrears of rent and bona fide needs of the landlord for the premises. The court affirmed the previous rulings, emphasizing the landlord's need for the property for business purposes. The court allowed a grace period for the tenant to vacate. The dismissal of the revision petition is found valid in light of existing judgments.

ORDER

Harisankar V. Menon, J This Rent Control Revision Petition is at the instance of the tenant, seeking to challenge the order in RCA No.60 of 2015 of the Rent Control Appellate Authority, confirming the order of eviction dated 29.11.2014 in RCP No.53 of 2011 of the Rent Control Court, Chavakkad.

2. The Rent Control petition was instituted, seeking eviction under Section 11 (2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 .

3. It was contended that there were arrears of around Rs.44,000/- towards rent. It was also pointed out that the landlord requires the petition-schedule property to start a repair workshop as well as a shop of home appliances and electronic appliances. The Rent Control Court ordered eviction under both counts noticed above. The appeal was unsuccessful, and the tenant has instituted this Rent Control Revision Petition.

4. This Court notices that the landlord had, in fact, instituted two Rent Control Petitions - RCP Nos.48 of 2011 and 53 of 2011 – against the wife of the petitioner herein as well as the petitioner. Both these Rent Control Petitions were ordered on 29.11.2014 by the Rent Control Court, and the separate appeals preferred were unsuccessful. The tenant in RCP No.48 of 2011 had instituted R.C.Rev.No.75 of 2025, and a Division Bench of this Court, by judgment dated 28.03.2025, affirmed the rejection of the appeal, however, granting six months’ time to vacate the premises.

5. Insofar as the bona fide need projected by the landlord as above has been upheld by this Court, we are of the opinion that the captioned Rent Control Revision Petition is also to be dismissed.

Resultantly, this Rent Control Revision Petition would stand dismissed. However, taking into account the prayer made by the learned counsel for the petitioner, four months' time is granted to surrender the vacant possession of the petition schedule premises with the following conditions:

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