IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
ABDUL NASAR, MAJEED, SAINABA, KHADEEJA – Appellant
Versus
MOHAMMED RAFI SAIDALAVI – Respondent
| Table of Content |
|---|
| 1. tenants argue eviction on the grounds of hardship and non-payment of rent. (Para 1 , 2) |
| 2. court finds based on evidence that the landlord has bona fide need for the premises. (Para 3 , 4) |
| 3. court allows petitioners time to vacate under specified conditions. (Para 5 , 6 , 7) |
The revision petitioners are the tenants of the schedule premises in the Rent Control proceedings. They have suffered an order of eviction. The respondent has filed an eviction proceedings on the ground of the non-payment of rent arrears and bonafide need of a building for his own occupation. Both the courts on the basis of the evidence, both oral and documentary have returned a finding in favour of the respondent. The learned counsel for the petitioners has strenuously argued and persuaded us to accept that having regard to Ext.B2 series showing tendering of the monthly rent payable for the period in question and not for the future, the same have not been properly appreciated by both the courts. It has also been strenuously argued that the petitioners are dependent on the income of the said property, whereas the respondent has various properties in and around the suit premises wherefrom the p
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