On appeal by the landlord against the dismissal of the petition on the other grounds, the Rent Control Appellate Authority affirmed the finding of the Rent Controller under Section 11 2 b of the Act and remanded the matter to the Rent Controller for fresh decision on other grounds.
The Rent Control Appellate Authority allowed the appeal of the landlord reversing the findings of the Rent Controller under Sections 11 2 b , 11 4 i and 11 4 iii of the Act and eviction was ordered.
The Rent Controller allowed the said petition in part and ordered eviction under Section 11 2 b on the ground of arrears of rent but dismissed the petition on all other grounds.
After the remand, the Rent Controller found all the grounds against the landlord, including the one under Section 11 2 b of the Act and dismissed the eviction petition vide order dated 3.11.1999.
The High Court while reversing the findings of the Rent Control Appellate Authority under Sections 11 2 b , 11 4 i 11 4 iii of the Act, set aside the order of eviction and allowed the revision petition.
Against the said order passed by the Rent Controller, the landlord preferred an appeal before the Rent Control Appellate Authority.
The said building was given on rent by the father of the appellants, namely, Kannachankandy Kannad since deceased to one Peetikakandy Achuthan respondent No.1 herein in the year 1986 at a monthly rent of Rs.175/ .
This appeal has been preferred against the judgment and order dated 10.08.2006 passed by the High Court of Kerala in C.R.P. No.546 of 2002 and order dated 25.09.2006 in R.P. No.740 of 2006, whereby the High Court has set aside the order of eviction passed by the Rent Control Appellate Authority, Kozhikode and allowed the revision petition filed by the respondents.
Aggrieved by the order of the eviction passed by the Rent Control Appellate Authority, the respondents preferred a civil revision petition before the Kerala High Court.
The rent was paid upto October, 1993 but the rent accrued thereafter remained unpaid by respondent No.1 thereby companymitting default in payment of arrears of rent.
The facts which are necessary for the disposal of this appeal are briefly recapitulated hereunder The appellants herein are the landlords of the building premises which is situated in Kozhikode District, Kerala.
The rent was subsequently enhanced to Rs.210/ per month.
A petition for eviction of the tenant from the building premises was filed under Section 11 2 b , 11 3 , 11 4 i , 11 4 ii and 11 4 iii of the Kerala Buildings Lease and Rent Control Act, 1965 for short, the Act , before the Rent Controller on the ground of arrears of rent, bona fide need, subletting and material alteration.
Leave granted.
