The ground of bona fide requirement of the appellant for additional accommodation was opposed by the respondent.
The landlord unsuccessfully assailed the said order before the Appellate Authority in R.C.A. No.39 of 1990.
In that view of the matter, the Rent Controller dismissed the eviction petition on 7th June, 1986.
The Division Bench of the High Court dismissed the Revision on 28th July 1994.
SYED SHAH MOHAMMED QUADRI, J This appeal is from the judgment and order of the Division Bench of the High Court of Kerala at Ernakulam in R.P. No.1778 of 1991 C dated July 28, 1994.
He averred that he was running a provision shop in the premises which was his sole source of income for his livelihood and the appellant was having other vacant accommodation which he let out to others.
The learned Rent Controller recorded the finding that the appellant was number in need of additional accommodation.
Both, on the question of bona fide requirement of the landlord and on the question of companyparative hardship, the Appellate Authority held against the appellant landlord.
On the plea that he had made all preparations for starting a jewellery shop and a textile shop and bona fide requires additional accommodation for the proposed business, he filed R.C.P.No.31 of 1983 seeking eviction of the respondent from the premises.
It was also found that if the respondent was evicted from the premises he would be put to more hardship than the benefit that would be fetched to the appellant.
In the main building the appellant was running the business of hotel cum bar.
A brief narration of the facts giving rise to this appeal is necessary to appreciate the question involved in this case.
The appellant is the landlord and the respondent is the tenant of a shop room which is a portion of the main building of Irinjalakkuda Village, Mukundapuram Taluk, hereinafter referred to as the premises .
It is against that order of the High Court, the appellant is in appeal by special leave.
Aggrieved thereby, the appellant filed C.R.P. No.1778 of 1991 C before the High Court of Kerala.
