RCREV. NO. 150 OF 2024 1 2025:KER:26841 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 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 RCREV. NO. 150 OF 2024 AGAINST THE ORDER DATED 17.01.2024 IN RCA NO.7 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM / I ADDITIONAL MACT ARISING OUT OF THE ORDER DATED 23.12.2021 IN RCP NO.25 OF 2019 OF RENT CONTROL COURT, THIRUVANANTHAPURAM REVISION PETITIONER/APPLICANT/RESPONDENT : M. SUBHASH AGED 46 YEARS S/O A.T. NARAYANAN, AMMA BEAUTY CLINIC, T.C. 19/2188, SANKARANPARA LANE, MUDAVANMUGAL, POOJAPPURA P.O, THIRUVANANTHAPURAM, PIN - 695012 BY ADV J.G.SYAMNATH RESPONDENT/RESPONDENT/PETITIONER : RINU OOMMEN @ RINU AGED 38 YEARS S/O.M.T. OOMMEN, RCREV. NO. 150 OF 2024 2 2025:KER:26841 MUNDOLIL VEEDU, PANDANADU P.O., CHENGANOOR TALUK, ALAPPUZHA, PIN - 689506 BY ADVS. P.S.ABDUL KAREEM NAZIF K.N.(K/123/2023) THIS RENT CONTROL REVISION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RCREV. NO. 150 OF 2024 3 2025:KER:26841 O R D E R A.Muhamed Mustaque, J. The revision petitioner is the tenant. The petitioner challenges an order of eviction concurrently passed against the revision petitioner under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ('the Act' in short). The landlord projected a need to establish a mechanical workshop, including the sale of spare parts, in the petition scheduled building. He is a graduate in Mechanical Engineering. The need was found to be genuine. The tenant runs a barbershop. The Rent Control Appellate Authority found that the tenant is not entitled to protection under the second proviso of Section 11(3) of the Act. The second proviso provides protection to a tenant who proves that they mainly depend upon the tenanted premises for their livelihood and that there is no other vacant room available in the tenanted premises. 2. The tenant would contend that the landlord is having other rooms and he can very well conduct such workshop in those rooms. It has come out that those rooms are very small rooms and the landlord cannot occupy those rooms for the proposed workshop RCREV. NO. 150 OF 2024 4 2025:KER:26841 and sale of spare parts. The Rent Control Appellate Authority came to the above conclusion on appreciation of facts in the right perspective. 3. We need not upset the finding of facts. That be the case, the revision petition is liable to be dismissed. However, taking note of the urge made by the learned counsel for the petitioner, we grant six months' time from today to the tenant to vacate the building on the following terms and conditions; 1) The revision petitioner/tenant shall undertakes that he will vacate the building within six months from today. He shall file an undertaking within four weeks from today. 2) He shall pay the entire arrears within the above time and shall continue to pay the rent due till the date of delivery. The revision fails and it is, accordingly, dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P.KRISHNA KUMAR JUDGE rkj