RCR 54 & 55 of 2025 1 2025:KER:28459 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 RCREV. NO. 54 OF 2025 AGAINST THE JUDGMENT DATED 21.12.2024 IN RCA NO.3 OF 2022 OF THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE ARISING OUT OF THE ORDER DATED 10.11.2021 IN RCP NO.101 OF 2017 OF THE RENT CONTROL COURT, KOZHIKODE REVISION PETITIONER/APPELLANT/TENANT: CHATHANARI SHOUKATH, AGED 50 YEARS S/O MAMMADKOYA, 12/312, KANDAM KULANGARA, STANDARD MOBILES ERANHIKKAL.P.O., ELATHUR AMSOM, PUTHUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673303 BY ADVS. K.M.JAMALUDHEEN LATHA PRABHAKARAN K.K.KRISHNA KUMAR SAINA MARIYAM BABY RESPONDENT/RESPONDENT NO.3/PETITIONER NO.3: K.V.IBRAHIM, AGED 51 YEARS S/O K.V.MOOSA, ZAIN, KOLLARUKANDY PARAMBIL, PUTHIYANGADI POST, PUTHIYANGADI VILLAGE, KOZHIKODE TALUK-673021 RCR 54 & 55 of 2025 2 2025:KER:28459 REPRESENTED BY WIFE AND POWER OF ATTORNEY HOLDER RAIJUNNISA IBRAHIM, AGED 41 YEARS, D/O ABDULLAKUTTY, ZAIN, KOLLARUKANDY PARAMBIL, PUTHIYANGADI POST, PUTHIYANGADI VILLAGE, KOZHIKODE TALUK, PIN – 673021 ADV.M.SHAJNA THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH RCRev..55/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCR 54 & 55 of 2025 3 2025:KER:28459 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 RCREV. NO. 55 OF 2025 AGAINST THE JUDGMENT DATED 21.12.2024 IN RCA NO.4 OF 2022 OF THE RENT CONTROL APPELLATE AUTHORITY, KOZHIKODE ARISING OUT OF THE ORDER DATED 10.11.2021 IN RCP NO.102 OF 2017 OF THE RENT CONTROL COURT, KOZHIKODE REVISION PETITIONER/APPELLANT/TENANT: KIZHUVALATH V.SASIDHARAN AGED 65 YEARS S/O APPU, 12/312, REENA BACKERY, KANDAM KULANGARA, ERANHIKKAL.P.O., ELATHUR AMSOM, PUTHUR DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, RESIDING AT KIZHUVALATH HOUSE, PUTHUR P.O., KOZHIKODE, PIN - 673104 BY ADVS. K.M.JAMALUDHEEN LATHA PRABHAKARAN K.K.KRISHNA KUMAR SAINA MARIYAM BABY RESPONDENT/RESPONDENT NO.3/PETITIONER NO.3: K.V.IBRAHIM, AGED 51 YEARS S/O K.V.MOOSA, ZAIN, KOLLARUKANDY PARAMBIL, PUTHIYANGADI POST, RCR 54 & 55 of 2025 4 2025:KER:28459 PUTHIYANGADI VILLAGE, KOZHIKODE TALUK-673021 REPRESENTED BY WIFE AND POWER OF ATTORNEY HOLDER RAIJUNNISA IBRAHIM, AGED 41 YEARS, D/O ABDULLAKUTTY, ZAIN, KOLLARUKANDY PARAMBIL, PUTHIYANGADI POST, PUTHIYANGADI VILLAGE, KOZHIKODE TALUK, PIN – 673021 ADV.M.SHAJNA THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH RCRev..54/2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RCR 54 & 55 of 2025 5 2025:KER:28459 A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ --------------------------------------------------------- R.C.Rev.Nos.54 & 55 of 2025 ---------------------------------------------- Dated this the 3rd day of April, 2025 O R D E R A.Muhamed Mustaque.J These revision petitions have been filed by the tenants challenging an order of eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (‘the Act’ for short). We had the advantage of hearing both counsel in the matter. The landlord filed the eviction petitions under Section 11(3) of the Act on the ground of starting a textile business. The Rent Control Court as well as the Rent Control Appellate Authority found that the need was genuine and also held that the tenants are not entitled to protection under the second proviso to Section 11 (3)of the Act. 2. The learned counsel for the revision petitioners- tenants points to the evidence of the landlord. During cross- examination, the landlord stated that he required 550 sq. ft. of space to start a textile business. It is submitted that the plinth area of the petition-scheduled building in each case is less than 100 sq. ft. Therefore, it is contended that the need projected is merely a desire, and the landlord will not be in a position to commence such a business RCR 54 & 55 of 2025 6 2025:KER:28459 in the petition-scheduled rooms. 3. The learned counsel for the tenants points out that the landlord is in possession of two adjacent rooms and intends to convert the entire building, including the petition-scheduled building, for starting the proposed business. 4. As of now, we find that the findings of facts have been rightly entered by the rent control court. We do not find the appreciation of evidence to be perverse or erroneous, in the absence of any illegality committed by the Rent Control Court. Therefore, we are not inclined to exercise our revisional power to upset the findings of fact rendered by the Rent Control Court. There is no scope for interference in these matters. Therefore, these Rent Control Revision Petitions are dismissed. However, considering the fervent plea made by the learned counsel for the petitioners, time till 31.12.2025 is granted to the petitioners to surrender vacant possession of the petition-scheduled shop rooms to the respondent, subject to the following conditions: (i) The petitioners shall file affidavits before the Rent Control Court or the Execution Court, as the case may be, within two weeks from the date of receipt of a certified copy of this order, expressing an unconditional undertaking that they will surrender vacant possession of the petition-scheduled shop rooms to the respondent- RCR 54 & 55 of 2025 7 2025:KER:28459 landlord on or before 31.12.2025 and that, they shall not induct third parties into possession of the petition- scheduled shop rooms. (ii) The petitioners shall deposit the entire arrears of rent as on date, if any, before the Rent Control Court or the Execution Court, as the case may be, within one month from the date of receipt of a certified copy of this order, and shall continue to pay rent for every succeeding month, without any default; (iii) Needless to say, failing to comply with any one of the conditions stated above, the time limit granted by this order to surrender vacant possession of the petition- scheduled shop rooms will stand cancelled automatically, and the landlord will be at liberty to proceed with the execution of the order of eviction. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P.KRISHNA KUMAR, JUDGE dlk/3.4.