2018 AIR CC 333 (KER) ::2018 (1) KLT SN 44 (KER) ::(2017) 4 Ker LJ 794

Kerala High Court

Hon'ble Judge(s): K. Harilal, P. Somarajan , JJ

(A) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3) — Eviction — Bona fide need — Not necessarily to be current or urgent — It can be prospective one also — Order of eviction can be granted in anticipation of bona fide need reasonably and likely to arise in future.

(B) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3) — Eviction — Bona fide need — Landlord, NRI, working abroad — He is under shadow of termination abruptly — Is desirous of living with his family and seeking new avocation of livelihood in his place of residence by doing business in tenanted building — His need cannot be termed as not bona fide — Tenant or Court cannot compel him to squeeze himself and continue in existing employment abroad.

(C) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3) — Eviction — Bona fide need — Notice — No statutory requirement to issue notice to tenants demanding vacant possession of building before filing petition under S. 11(3) of Act — Delay in filing rent control petition after sending notice is of no consequence while considering bona fide need.

(D) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3) — Eviction — Bona fide need — Dismissal of rent petition for default — Unless Court is satisfied with alleged sufficient cause stated in restoration application, suit cannot be restored — And after restoring of same, contrary view cannot be taken while considering petition on merits — Dismissal of rent control petition twice on default therefore is of no consequence while determining bona fide of landlord.

(E) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3), (4)(iv), (10) — Eviction — Ground of bona fide need of landlord for own occupation along with claim for reconstruction of building — On allowing claim for own occupation, there is no need to make further enquiry into proviso to S. 11(4)(iv) or bona fides under S. 11(10) — No further order need to be passed under S. 11(4)(iv) against tenant.