IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 RCRev..No. 274 of 2004() ------------------------ RCA.199/2002 of II ADDL.DISTRICT COURT,ERNAKULAM RCP.115/2000 of I ADDL.M.C.,ERNAKULAM .................... REVISION PETITIONER/APPELLANT/PETITIONER ------------------------------------------------------------ T.S.RAMASWAMY, AGED 58 YEARS, S/O. LATE SURYA NARAYANA IYER, 20/943, SURYARAMAM, MAIN ROAD, TRIPUNITHURA, ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): RESPONDENT/RESPONDENT ------------------------------------ T.S.KRISHNAN, AGED ABOUT 60 YEARS, S/O. SUBRAMANYA IYER, PROPRIETOR SREE KRISHANA COFFEE ENTERPRISES, 20/935, MAIN ROAD, THRIPUNITHURA, ERNAKULAM DISTRICT. ADV. SRI.K.PAUL KURIAKOSE SRI.ELDO KURIAKOSE SRI.SIDHARTHAN.K. THIS RENT CONTROL REVISION HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - R.C.R.No.274 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of July, 2009 ORDER Pius.C.Kuriakose, J. The landlord is in revision against the orders of the statutory authorities declining eviction which was sought on the ground under Sub Section 3 of Section 11. The landlord is a Chartered Accountant by profession who is now practising his profession in Ernakulam in a rented building. The need projected by him was that he is having many ailments including those relating to heart and therefore he wants to shift his profession from Ernakulam to Thripunithura where the petition schedule building is situated. According to him, he wants to occupy the petition schedule building which is in the ground floor of a two storied building as his cabin and to have other portions of his office in the first floor which was then in the occupation of tenants. During the pendency of the present rent control proceedings, he could evict the tenants in occupation . Even though he gave evidence regarding the bonafides of his need and claim, the Rent Control Court RCR.No.274/2004 2 did not become inclined to accept his evidence as he had not disclosed in the Rent Control Petition the availability of two rooms in the ground floor of the same building admittedly with his wife, despite the above aspect of the matter having been brought to his notice by the tenant through the reply notice sent by them. The landlord's defence in the above context was that the two rooms were not under his vacant possession , but were under the occupation of his wife for the conduct of chitty business. Significantly, no evidence was adduced barring the oral evidence to show that his wife is conducting chitty business in the adjacent two rooms of the ground floor of the two storied building. The appellate authority went further and held that when the wife of the landlord is having two rooms she ought to have surrendered one room to the husband for shifting his practice from Ernakulam to Tripunithura. 2. Having guaged the order of the Rent Control Court and the Appellate Authority by the parameters which are applicable to exercise the revisional jurisdiction under Section 20, we are of the view that it cannot be said that those orders are tainted by illegalities, irregularities RCR.No.274/2004 3 and improprieties. 3. Sri.S.P.Chaly, learned counsel for the petitioner submits that several consequential subsequent developments have occurred in the meanwhile and at present, the revision petitioner is having other grounds also to evict the respondent. In view of the above submission, we feel that the revision petitioner/landlord can be permitted to initiate fresh proceedings against the respondent for eviction on all available grounds. Giving the revision petitioner that liberty, we dispose of this revision petition declining to interfere with the order of the Rent Control Court as confirmed by the Appellate Authority. Parties are directed to suffer their costs. PIUS.C.KURIAKOSE JUDGE P.Q.BARKATH ALI JUDGE sv. RCR.No.274/2004 4