IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
WILSON – Appellant
Versus
VAIJO – Respondent
A. Muhamed Mustaque, J.
The revision was filed by the tenants. They challenge the order of eviction under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act , 1965 (hereinafter referred as ‘the Act’). Both authorities found in favour of the landlords. The landlords are three in number. Their wives had decided to start a business. They were unemployed and therefore thought that starting a business will augment their income. Their intention is to start the business of hospital equipment. The Rent Controller Authority found that their need is genuine. The tenants also run a business in one of the rooms, while the other belongs to the landlords. The Rent Control Authority as well as the appellate authority assessed the pleadings and evidence, and came to the conclusion that the need is genuine. We don’t find any reason to interfere in the findings of the fact. The tenants also failed to invoke protection under the second proviso of (3) of the Act.
Having considered the facts and circumstances, we find no reason to interfere in the findings of the fact. We dismiss the revision petition, granting six months time to the tenants to vacate the premises on the following term
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