2025:KER:29638 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 RCREV. NO. 93 OF 2025 THE JUDGMENT DATED 02.12.2024 IN RCA NO.109 OF 2017 OF IVTH ADDITIONAL RENT CONTROL APPELLATE AUTHORITY, THRISSUR THE ORDER DATED 30.01.2017 IN RCP NO.38 OF 2014 OF RENT CONTROL COURT, THRISSUR REVISION PETITIONERS/APPELLANTS IN R.C.A./RESPONDENTS IN RCP: 1 KERALA STATE CIVIL SUPPLIES CORPORATION COCHIN , REP. BY ITS MANAGING DIRECTOR., PIN - 682016 2 REGIONAL MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION, PALAKKAD, PIN - 686028 3 DEPOT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, KURIACHIRA, THRISSUR, PIN - 680006 BY ADV SMT.R.RANJANIE RESPONDENTS/RESPONDENTS IN RCA/PETITIONERS IN RCP: 1 KALYANI AGED 82 YEARS W/O. LATE VYKKATTIL SREENIVASAN, RESIDING IN NADATHARA VILLAGE, PUTHUR DESOM, THRISSUR DISTRICT, PIN - 680751 2 BYJU AGED 52 YEARS D/O. LATE VYKKATTIL SREENIVASAN, RESIDING IN NADATHARA VILLAGE,DESOM, THRISSUR DISTRICT, PIN - 680751 BY ADV SRI.V.N.HARIDAS THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.C.R.No.93 of 2025 2 2025:KER:29638 ORDER Dated this the 4th day of April, 2025 A.Muhamed Mustaque, J. The Rent Control Court as well as the appellate Court allowed the claim for eviction under Section 11 (8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, 'the Act'). The landlord is having an auditorium on the first floor of the building. In the ground floor, the tenants, who are the revision petitioners are occupying the petition scheduled room for running a provisional store, namely 'Labham'. An Advocate Commissioner was appointed. The Commissioner pointed out that the auditorium is on the first floor and the tenanted premise is on the ground floor. The intention of the landlord is to expand the auditorium by obtaining the vacant possession of the tenanted premise. It appears that the sight and appearance of the auditorium are R.C.R.No.93 of 2025 3 2025:KER:29638 adversely affected on account of the location of the provisional store on the ground floor. In the Rent Control Petition, it was pleaded that the tenanted premise is situated in front of the auditorium. This was apparently a mistake and admittedly, it is in the ground floor. 2. The learned counsel for the revision petitioners vehemently argued and submitted that the petition under Section 11 (8) of the Act is not maintainable for providing a sight to the room in occupation of the landlord. Further, it is submitted that unless the landlord needs the additional room for occupation, no such petition is maintainable. We also had the advantage of hearing the learned counsel for the respondents. 3. We note that the Rent Control Court as well as the Appellate Authority appreciated the evidence and based on the Commission Report and testimony of the parties, found that the need projected is actually to expand the sight and appearance of the landlord's auditorium and thereby augment R.C.R.No.93 of 2025 4 2025:KER:29638 the income consequent upon occupying of the tenanted premise. Merely because there are some defects existing in the pleadings raised by the landlord, unless it is shown that such defects have caused prejudice to the tenant, we do not find that such defective pleadings would disentitle the landlord from claiming eviction under Section 11 (8) of the Act. Both courts having adverted to the facts, pleadings, evidence etc. including the Commission Report have come to the right conclusion, which warrants no interference by this Court. Accordingly, we dismiss the revision. However, taking note of the fervent plea made by the learned counsel for the petitioners, we grant time upto 31.12.2025 to vacate the tenanted premises on the following terms and conditions. (i) The tenants shall file an affidavit 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 room to the respondents-landlords within 31.12.2025 and they R.C.R.No.93 of 2025 5 2025:KER:29638 shall not induct third parties into possession of the petition- scheduled shop room. (ii) The petitioners-tenants 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 room will stand cancelled automatically, and the landlords will be at liberty to proceed with the execution of the order of eviction. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL