High Court Kerala High Court

Kottapparath Ahammed vs K.P. Seenath on 15 June, 2009

Kerala High Court
Kottapparath Ahammed vs K.P. Seenath on 15 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 129 of 2009()


1. KOTTAPPARATH AHAMMED,
                      ...  Petitioner

                        Vs



1. K.P. SEENATH, W/O. SULAIMAN,
                       ...       Respondent

                For Petitioner  :SRI.P.C.CHACKO(PARATHANAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :15/06/2009

 O R D E R
               PIUS C. KURIAKOSE &
               P. Q. BARKATH ALI, JJ.
           ------------------------------------------------
                   R. C. R. No.129 of 2009
           ------------------------------------------------
            Dated this the 15th day of June, 2009

                             ORDER

Pius C. Kuriakose, J

The tenant is the revision petitioner and he

challenges in this revision under Section 20, the order

of eviction concurrently passed against him by the

Rent Control Court and the Appellate Authority on the

ground of bona fide own occupation under Section 11

(3) and the ground that the tenant has put up another

building of his own reasonably sufficient for his

requirement under clause 3 Sub Section 4 of Section

11.

2. Sri.P.C.Chacko, learned counsel for the

petitioner has addressed us extensively and very

persuasively. He submitted that it has come out in

R. C. R. No.129 of 2009 -2-

evidence that the building on the basis of which

eviction was sought for under clause 3 of sub Section

4 of Section 11 is not presently under the occupation

of the tenant. It is under the occupation of the

tenant’s tenant. As for the ground under sub Section

3 of Section 11, he submitted that the need projected

is the need of the respondent/landlady’s husband to

start business. But it was not proved that the

respondent/landlady’s husband is dependent on the

respondent/landlady.

3. We have anxiously considered the submissions

of Sri.P.C.Chacko, the learned counsel for the

petitioner. We have carefully gone through the order

of the Rent Control Court and the judgment of the

Rent Control Appellate Authority. It is seen that the

R. C. R. No.129 of 2009 -3-

findings entered into by the Rent Control Court and

the Appellate Authority that the revision petitioner is

liable to be evicted under Section 11(4)(iii), are based

on evidence. It is not financial dependency which is

necessary for the purpose of ground under clause 3

Section 11. It has become evident that the husband of

landlady does not have any other building of his own

in possession. Thus, it stands proved that the

landlady’s husband is dependent on the landlady for

the purpose of a building for commencing business.

Putting up of a building or coming into possession of a

building or having possession of a building already –

are sufficient to constitute an eviction ground under

Section 11(4)(iii). If the tenant is not in possession of

the building pointed out by the landlady for getting

R. C. R. No.129 of 2009 -4-

order of eviction under Section 11(4)(iii), that is only

because of the said building was let out by the tenant

to his tenant. Under these circumstances, the

argument that presently the said building is possessed

not by the tenant but by the tenant’s tenant will not

improve matters for the revision petitioner/tenant.

4. Having regard to the contours of this Court’s

jurisdiction under Section 20, we do not find any

warrant for interference on the eviction passed under

either of the grounds.

5. As his last submission, Sri.P.C.Chacko

requested that at least one year’s time be granted for

peacefully surrendering the premises. We are not

inclined to grant so much of time. However, we feel

that in the circumstances of the case and by way of

R. C. R. No.129 of 2009 -5-

indulgence that time can be granted till 31st December,

2009.

The result of this RCR therefore, is as follows:-

1) The RCR is dismissed.

2) However, the execution court is directed not

to order and effect delivery of the petition schedule

building till 31/12/09 on condition that the revision

petitioner files an affidavit within three weeks from

today either before the execution court or before the

Rent Control Court stating that he will unconditionally

and peacefully surrender the petition schedule building

to the respondent/landlady on or before 31st of

December, 2009 and that he will discharge the arrears

of rent, if any, within one month and will continue to

pay occupational charges at the current rent rates till

R. C. R. No.129 of 2009 -6-

the date of actual surrender as and when the same

falls due. If the revision petitioner does not file

affidavit within the time limit mentioned above he will

not be entitled for the benefit of time granted by this

judgment.

PIUS C. KURIAKOSE
JUDGE

P. Q. BARKATH ALI
JUDGE
kns/-