IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
PANIKKAVEETTIL NOORUDHEEN – Appellant
Versus
ANIL KUMAR – Respondent
| Table of Content |
|---|
| 1. tenant challenges eviction order on grounds of bona fide need. (Para 1) |
| 2. court affirms landlords' claim and details conditions for eviction. (Para 2) |
A. Muhamed Mustaque, J.
The revision petitioner–tenant challenges the concurrent order of eviction under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, ‘the Act’). The landlords are husband and wife. The wife wants to start a garment business in the petition schedule room. The tenant is running a bakery. The wife was examined as PW1. To prove the protection under the second proviso to (3) of the Act, the landlords also examined PW2 and PW3, who are neighbouring property owners. Accordingly, the Rent Controller found that the need projected by the landlords is bona fide, and in light of the evidence adduced, it was also found that the tenant is not entitled to protection under the second proviso to (3) of the Act.
2. The Rent Control Court as well as the Rent Control Appellate Authority have appreciated the facts from the proper perspective and concluded that the landlords are entitled to eviction under Section 11 (3) of the Act. The findings of fact do not warrant interferenc
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