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2026 Supreme(Online)(Ker) 21486

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
RAJESHKUMAR – Appellant
Versus
THOMAS – Respondent

Advocates:
For the Appellants/Petitioners: G.SREEKUMAR (CHELUR)
For the Respondents: C.A.JOJO, AYSHA FIDHA, JOSEPH ANU A.A.

Judgement Key Points

Key Points: - The court held that cogent evidence must support the landlord's bona fide need. (!) - The petitioner’s contention that the bona fide need (son’s plan to start an automobile workshop) was not proved was considered but found evidence sufficient. (!) (!) - The court affirmed lower court findings in favor of eviction, dismissing interference. (!) - The court granted six months to vacate, subject to payment of outstanding rent and arrears, and payment of occupational charges for six months. (!) - The stay on EP proceedings was extended for three weeks to facilitate compliance. (!)

What is the standard of proof required for a landlord's bona fide need under the Kerala Buildings (Lease and Rent Control) Act, 1965?

What constitutes sufficient evidence to establish a landlord's bona fide need for eviction under Sections 11(2)(b), 11(3), and 11(4)(1)?

What remedy or relief did the Kerala High Court grant to balance eviction with tenant’s hardship in terms of time to vacate and payment of arrears?

Table of Content
1. revision petition filed under rent control law. (Para 1)
2. counsel for appellant contends against landlord's bona fide need. (Para 2 , 3)
3. court finds sufficient evidence established for eviction. (Para 4 , 5 , 6)
4. court grants time for tenant to vacate. (Para 7)
5. disposition of the revision petition. (Para 8)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN &

THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 RCREV. NO. 53 OF 2026 AGAINST THE ORDER/JUDGMENT DATED 16.08.2025 IN RCA NO.138 OF 2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR / III ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, THRISSUR ARISING OUT OF THE ORDER/JUDGMENT DATED 19.08.2017 IN RCP NO.111 OF 2014 OF MUNSIFF COURT,CHAVAKKAD REVISION PETITIONER(S)/APPELLANT/RESPONDENT:

RAJESHKUMAR AGED 43 YEARS S/O KUMARAN, RESIDING AT CHELAKKAL HOUSE, THAIKKAD AMSOM, BRAHMAKULAM DESOM, CHAVAKKAD P O, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680506 BY ADV SHRI.G.SREEKUMAR (CHELUR)

RESPONDENT(S)/RESPONDENT/PETITIONER:

THOMAS AGED 55 YEARS S/O PULIKKOTTIL MAMMAYIPARAMBIL CHAKUNNY, , THAIKKAD AMSO

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2026 Supreme(Online)(Ker) 21486

IN THE HIGH COURT OF KERALA AT ERNAKULAMMR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., JRAJESHKUMAR – AppellantVersusTHOMAS – Respondent

What is the standard of proof required for a landlord's bona fide need under the Kerala Buildings (Lease and Rent Control) Act, 1965?

What constitutes sufficient evidence to establish a landlord's bona fide need for eviction under Sections 11(2)(b), 11(3), and 11(4)(1)?

What remedy or relief did the Kerala High Court grant to balance eviction with tenant’s hardship in terms of time to vacate and payment of arrears?

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
RAJESHKUMAR – Appellant
Versus
THOMAS – Respondent