High Court Kerala High Court

V.Ramachandran Nair vs Shamil Das on 21 December, 2010

Kerala High Court
V.Ramachandran Nair vs Shamil Das on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 419 of 2010()



1. V.RAMACHANDRAN NAIR
                      ...  Petitioner

                        Vs

1. SHAMIL DAS
                       ...       Respondent

                For Petitioner  :SRI.RAM MOHAN.G.

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice N.K.BALAKRISHNAN

 Dated :21/12/2010

 O R D E R
        PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.
                       ------------------------
                      R.C.R.No.419 OF 2010
                       ------------------------

           Dated this the 21st day of December, 2010


                             O R D E R

Balakrishnan, J.

The tenant has come up in revision against an order

passed under Section 11(4)(iv) of the Act. The claim was made

under Section 11(3) of the Act also, but the order was confined

to Section 11 (4)(iv) alone. The landlady contended that she

intends to reconstruct the building and for that purpose she has

the required plan, licence and also the financial capacity to re-

build.

2. The tenant opposed the claim contending that the

petition is filed only as a ruse for eviction and that the landlady

has not produced the plan showing sufficient space to be alloted

to the tenant for enabling him to install the flour mill which is

now being conducted by the tenant in the petition schedule

building. The Rent Controller disallowed the claim not only

under Section 11(3) but also under Section 11(4)(iv) of the Act.

3. The learned Appellate Authority has found that the

RCR.No.419/2010 2

need for reconstruction of the building projected by the

landlady is bonafide and that all the ingredients required

under Section 11 (4)(iv) have been satisfied. But, the Appellate

Authority found that in Ext.A1 plan produced by the landlady

office space was marked out which according to the landlady

can be allotted to the tenant to install the flour mill. It has to

be satisfied whether a flour mill can be installed therein. Hence,

the learned Appellate Authority remanded the matter to the trial

court with certain directions.

4. Sri.Ram Mohan G., learned counsel appearing for the

revision petitioner/tenant, contended that the sole idea of the

landlady is to throw out the tenant as is evident from the fact

that Ext.A1 plan produced by the landlady is only of a

residential complex wherein no provision has been made for

housing the flour mill of the tenant. The only area provided in

Ext.A1 is an office room, which according to the revision

petitioner, cannot be used for installing the flour mill.

5. The learned counsel submits that this was not an offer

made by the landlady, but only a direction issued by the

Appellate Authority. However, it is seen that the learned

RCR.No.419/2010 3

Appellate Authority has analysed the evidence in entirety and

found that the landlady has sufficient financial capacity to

rebuild and also plan and licence from the Corporation. The fact

that this building is not abutting any road and that there is only

a narrow way leading to the building also has been projected by

the tenant as a ground to contend that the building as proposed

by the landlady cannot be constructed and that if the flour mill is

allowed to be run in the portion of the ground floor of a four

storied building, it will be creating nuisance to the occupants

of the several rooms or flats in the building. These are

materials which must have been taken note of by the authorities

while issuing the plan and licence. No such objection was seen

to have been raised before the authorities.

6. The main grievance of the revision petitioner is that plan

showing the allocation of the required area for putting up a

flour mill in the ground floor of the building cannot be obtained

and in such an event, it would cause irreparable injury to the

tenant. The learned Appellate Authority has actually remanded

the matter to the Rent Control Court, to enable the petitioner

to produce a revised plan providing a suitable accommodation

RCR.No.419/2010 4

to the tenant in the reconstructed building so as to enable him to

conduct a flour mill. The tenant was also given opportunity to

adduce further evidence in the matter. Since the interest of the

tenant has already been safeguarded by the learned Appellate

Authority, we do not find any reason to interfere with the finding

so entered by the learned Appellate Authority.

7. We would clarify that in case the claim is to be allowed

under Section 11(4)(iv) before ordering eviction under Section

11(4)(iv), a revised approved plan should be produced by the

landlords showing the location of the area to put up the flour mill

and the learned Rent Controller should ensure that required

area is provided for accommodating the tenant to conduct a

flour mill in the said building. Since we do not find any ground

to interfere with the order of remand passed by the Appellate

Authority, this revision is only to be dismissed.

Accordingly, the revision petition is dismissed.

PIUS C.KURIAKOSE,JUDGE

N.K.BALAKRISHNAN, JUDGE
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