IT IS THE LANDLORD WHO HAS TO DECIDE WHERE AND HOW HE HAS TO CONDUCT THE BUSINESS, AND THE TENANT CANNOT DICTATE TERMS TO THE LANDLORD:KERALA HIGH COURT
The High Court of Kerala passed a judgement on 13 March, 2023 stated that it is the landlord who has to decide where and how he has to conduct the business, and the tenant cannot dictate terms to the landlord. It was stated in the case of K.K.Sankaran vs Madhavi(RCREV. NO. 138 OF 2022) which was passed by the division bench comprising of JUSTICE P.B.SURESH KUMAR and SOPHY THOMAS
FACTS OF THE CASE:
The tenant is the revision petitioner and the landladies are the respondents. The revision petitioner is challenging the judgment of the Rent Control Appellate Authority, Vatakara, ordering eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act . The landladies are the joint owners of the petition schedule building and they filed before the Rent Control Court, Vatakara, to evict the tenant under Sections 11(2)(b) and 11(3) of the Act. According to the landladies, they were in bona fide need of the petition schedule room for starting a tailoring and embroidery shop and moreover, the rent was in arrears from December, 2005. The tenant opposed that petition contending that there was no rent arrears and the need projected by the landladies was not bona fide.
JUDGEMENT OF THE CASE
The court deemed it just and reasonable to grant six months’ time to the revision petitioner/tenant to vacate the tenanted premises on condition that, he shall file an affidavit of undertaking before the Rent Control Court within 15 days from the date of receipt of copy of this order, unconditionally undertaking to vacate the tenanted premises within a period of six months from this day, and on further condition that, he shall pay the arrears of rent, if any, within one month and continue to pay the monthly rent before the due dates till vacant possession is handed over to the landladies. In case of default to comply with any of these conditions, the landladies would be free to initiate execution proceedings.
The revision petition is dismissed accordingly and the pending Interlocutory Applications, if any, shall stand closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.