Landlords can evict tenants who cease occupancy without reasonable cause for over six months under the Kerala Buildings (Lease and Rent Control) Act.

ORDER

Ravindran,J.

Respondents 1, 2 and 4 in R.C.P.No.34 of 2002 on the file of the Rent Control Court (Munsiff), Payyannur are the petitioners in this revision petition filed under Section 20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as "the Act"). Respondents 1 and 2 herein as land lords sought eviction under Sections 11 (2)(b) and 11(4)(v) of the Act. The prayer for eviction under Section 11 (2)(b) of the Act was not pressed. By order passed on 22.3.2003, the Rent Control Court ordered eviction of the petitioners and the third respondent herein under (4)(v) of the Act. The petitioners herein thereupon filed R.C.A.No.153 of 2003 in the Rent Control Appellate Authority, Thalassery. By judgment dated on 23.2.2007 the Appellate Authority affirmed the order passed by the Rent Control Court and dismissed the appeal. The order passed by the Rent Control Court and the judgment of the Rent Control Appellate Authority affirming it are under challenge in this revision petition.

2. Respondents 1 and 2 herein are the co-owners of the petition schedule shop room. The said shop room was let out on a monthly rent of Rs.200/- as per Ext.A1 kaichit dated 23.11.1994 to one Balakrishnan, the predecessor-in-interest of the petitioners and the third respondent herein. According to the land lords, Balakrishnan was running a tailoring shop in the petition schedule shop room till 1996. Thereafter, he stopped the business and closed the shop room. Balakrishnan later passed away and the tenancy devolved on the petitioners and the third respondent herein. According to the land lords, since December, 1996, the petition schedule shop room is remaining closed without being occupied by the successors-in-interest of the tenant, Balakrishnan. The land lords also have a case that the rent is in arrears since 23.12.2001. The land lords, therefore, filed the Rent Control Petition seeking eviction of the tenants from the petition schedule shop room under Section 11 (2)(b) and 11(4)(v) of the Act alleging that the rent is in arrears since 23.12.2001 and that the tenants have ceased to occupy the room continuously for six months without reasonable cause.

3. The petitioners and the third respondent resisted the Rent Control Petition contending inter alia that after the death of Balakrishnan, his eldest son, the second petitioner herein, started an agency business in the petition schedule shop room, that on account of the loss suffered by him he could not continue to run the business, that after a while he started a business in books in the petition schedule shop room and later with the help of a friend, he started a construction supervision consultancy and a marriage bureau in the petition schedule shop room. The petitioners and the third respondent further contended that they have not kept the rent in arrears, that on 24.11.2001 the rent due was sent by money order to the land lords which they refused to accept, that thereafter they sent the rent upto and inclusive of December, 2001 by money order, which was accepted by the first respondent - landlord and that the rent thereafter fell in arrears on account of the refusal of the land lords to accept the same. They also contended that the intention of the land lords is to evict them from the petition schedule shop room in order to let it out for a higher rent.

4. In the Rent Control Court, the first respondent herein was examined as PW1 and Exts.A1 to A4 were marked. On the side of the tenants, the second petitioner herein was examined as RW1, the occupant of the adjacent shop room was examined as RW2 and Exts.B1 to B3 were marked. On application filed by the land lords, an Advocate Commissioner was deputed to inspect the petition schedule shop room. CW1, the Advocate Commissioner, inspected the petition schedule shop room on 1.11.2002 and submitted Ext.C1 report dated 9.1.2003.

5. The land lords did not pursue the relief sought under Section 11 (2)(b) of the Act and confine