The landlord must provide sufficient evidence of special needs when seeking eviction, particularly when alternative premises are available.

O R D E R

Ramachandran Nair, J.

The tenant of a building wherein she is conducting a tailoring shop is aggrieved by the order of the Appellate Authority ordering eviction under Section 11(3) of the Kerala Building (Lease and Rent) Control Act, 1965. It is mainly pointed out that the Appellate Authority has taken a perverse view in the absence of any positive evidence in favour of the Landlady.

2. Shortly stated the facts of the case are the following:

The first respondent herein filed an eviction petition on the plea that the building is required for the purpose of the second petitioner therein who is her son. He has completed his I.T.I Electronics and Computer course in Hardware and Networking and is remaining unemployed. He wants to start a computer business in the petition schedule room and he has experience as service engineer. He is solely dependent on the first petitioner therein. It is also pleaded that the landlords have no other building in their possession suitable for the said business. This was objected to by the petitioner/tenant on various pleas.

3. The Rent Control Court considered the matter at length and finally, rejected the eviction petition. In fact, before the Rent Control Court, the second respondent herein, son, has been examined as PW1 who had spoken on various matters with regard to the bona fide need and other factors. It has come out in evidence during cross-examination of PW1 that another room which is in the upstair portion of the very same building became vacant during the pendency of the proceedings and another tenant was inducted therein. To a question in the re-examination whether the vacated room will satisfy his requirement, it was answered that the schedule room is the one suitable for starting his business. One more aspect was spoken to by PW1 that the entry to the upstair room is from the rear side of the building.

4. These aspects were examined by the Rent Control Court in paragraphs

12 to 15 and it was found that the fact that the entrance to the first floor is through the rear side is also not a special reason for not occupying it. This view was taken in the light of the dictum laid down by this Court in Janatha Drugs v. Maithri Construction [ 2007 (4) KLT 625 ] that the landlord had to explain by necessary pleadings and by adducing evidence the special reasons. The Appellate Authority negatived the said finding mainly of the fact that it is the choice of the Landlady to occupy a particular room. The evidence adduced was found to be sufficient to establish the bona fide need.

5. We heard both sides.

6. Learned counsel for the petitioner submitted that in the light of the Judgments of this Court including Janatha Drugs' case (supra), there is a total lack of pleadings in the case with regard to the special reason on the part of the Landlady for the purpose of the proviso to Section 11(3) of the Act. It is also submitted that the evidence adduced through PW1, son is not sufficient as far as the said aspect is concerned.

7. Learned counsel for the respondents submitted that in the Rent Control Petition, reasons have been shown as to why the petition schedule shop room is sought to be evicted. Our attention was invited to relevant paragraphs of the Rent Control Petition in support of the above plea.

8. We have gone through the oral evidence of the parties also.

9. In the cross-examination of PW1 the fact that another room became vacant subsequent to the death of the tenant one Peethambaran was brought in. The answers will show that initially it was let out to students undergoing course in Marine Engineering and four months back it was given to one M/s.Start Stamp and Gifts on rent. According to him, he does not know the details also. He was evasive on the question whether the said room is having more space than the petition schedule room.

10. In fact, the learned counsel for the respondents submitted that the fact that the entry to the said room is through the rear side itself will show that it is le