High Court Kerala High Court

Sasidharan Pillai vs K.M.Sudheer Kumar on 17 August, 2007

Kerala High Court
Sasidharan Pillai vs K.M.Sudheer Kumar on 17 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev No. 46 of 2007()


1. SASIDHARAN PILLAI, S/O. KANNAPPAN,
                      ...  Petitioner

                        Vs



1. K.M.SUDHEER KUMAR, S/O. K.K.MADHAVAN,
                       ...       Respondent

                For Petitioner  :SRI.T.H.ABDUL AZEEZ

                For Respondent  :SRI.K.C.CHARLES

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :17/08/2007

 O R D E R
           K. BALAKRISHNAN NAIR & HARUN-UL-RASHID, JJ.
          ---------------------------------------------------------------------------
                       R.C.Rev. No. 46 of 2007 - B
          ----------------------------------------------------------------------------
                    Dated, this the 17th day of August, 2007

                                          ORDER

Balakrishnan Nair, J.

Tenant is the revision petitioner and the landlord is the respondent.

2. The landlord sought eviction under section 11(8) of the Kerala

Buildings (Lease and Rent Control) Act (for short, the Act). The petition

schedule room is one of the three rooms in the ground floor of a two

storied building. The two other rooms in the ground floor on the two sides

of the tenanted room is occupied by the landlord and his wife respectively.

The landlord is running the business of STD Booth, typewriting, photostat,

ammonia printing, fax etc. The door number of the tenanted premises is

32/2422. The landlord’s room bears door No. 32/2423 and the room

occupied by his wife is No.32/2421. The landlord’s wife is running a

tailoring shop in the room. According to the landlord, he wants to expand

the business by opening an internet cafe in the room occupied by the

tenant and therefore an application was filed under sec.11(8) of the Act

before the Rent Controller. The tenant resisted the application contending

that the need urged for expansion of the business is unfounded. The

monthly rent of the room was Rs.800/-. The landlord wanted to enhance it

to Rs.1500/- per month. The tenant did not oblige. The tenant moved the

president of the Kerala Merchants’ Association for settlement of the

dispute. But their conciliatory efforts did not yield any results. So the

R.C.Rev.No.46/2007 Page numbers

landlord thereafter filed the Rent Control Petition seeking eviction which is

not supported by any bona fides.

3. Before the Rent Controller, from the side of the landlord PWs.1

and 2 were examined. From the side of the tenant, RWs.1 to 5 were

examined. Exts.A1 to A16 were marked from the side of the landlord.

Exts.C1, C1(a), X1 and X2 were also marked.

4. After hearing both sides the Rent Controller dismissed the

application. The same was affirmed by the Appellate Authority also. The

landlord filed Rent Control Revision No.302/2005. This court by order

dated 5.6.2006 allowed the revision and remanded the matter to the

Appellate Authority for fresh consideration of the matter. After remand,

from the side of the landlord, Exts.A17 to A20 and from the side of the

tenant, Exts.B1 to B6 were marked. After hearing both sides, the

Appellate Authority allowed the prayer of the landlord for eviction under

sec.11(8). This revision is filed challenging the said judgment of the

Appellate Authority, by the tenant.

5. The main point canvassed by the learned counsel for the

revision petitioner was that there was sufficient space available in the

existing room in the possession of the landlord and therefore additional

space is unnecessary for expanding the business. The learned counsel

for the petitioner pointed out that the commissioner visited the room of the

landlord without notice to the tenant. The landlord packed the room with

R.C.Rev.No.46/2007 Page numbers

old typewriters, fax machines etc. so that the commissioner would report

that there is lack of space for expanding the business. Though this point

was asserted by the tenant in the box and also highlighted in the cross-

examination of the commissioner, the Appellate Authority failed to advert

to the above aspect. Thus the Appellate Authority misread the evidence

of the commissioner and the tenant on this point, it is submitted.

6. It is a fact that the commissioner has reported that almost all the

space in the landlord’s room was occupied by the STD booth, fax machine,

photostat machine, typewriter etc. So it was found by the Appellate

Authority that there was no sufficient space for the expansion of the

business. But we feel that even assuming that there was some space, the

need put forward by the landlord for an additional room for starting an

internet cafe is a bona fide need. It may not be possible to conveniently

run an internet cafe in the existing room in which various gadgets are

there. So, if the landlord feels that a room itself is necessary for running

the internet cafe, the same can be considered only as a bona fide

requirement. Further, the contention of the tenant that the Rent Control

Petition was filed only for the reason of his failure to pay the enhanced

rent is also dealt with by the Appellate Authority. It was held that even

assuming that there was a demand for enhancement of rent and as it was

not given, the landlord thought that the room can be put to better use so

that he can get better earnings, it cannot be said that there was no bona

R.C.Rev.No.46/2007 Page numbers

fide need for seeking eviction. We think that the said view expressed by

the Appellate Authority is also a plausible view on the facts. The Appellate

Authority is the final court on facts. Going by the materials produced in

this case, the view taken by the Appellate Authority regarding the bona fide

need of the landlord for one additional room for starting a new internet cafe

is a reasonable view taken on facts with which we cannot interfere under

section 20 of the Act.

In the result the revision petition fails and it is dismissed.

K. BALAKRISHNAN NAIR
JUDGE

HARUN-UL-RASHID,
JUDGE.

mt/