REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOs. 2528-29 OF 2020 (ARISING OUT OF SLP (CIVIL) Nos.4492-4493 of 2018)
Addissery Raghavan …Appellant
Versus
Cheruvalath Krishnadasan …Respondent
J U D G M E N T
R.F. Nariman, J.
1. Leave granted.
2. In the present case, the appellant is the tenant of two shop
rooms – one on the ground floor and the other on the first floor, each
admeasuring 60 square feet. The tenant is doing textile business in the
room situated on the ground floor, using the first floor as a godown.
The ground floor room was let to the tenant on 10.10.1991 at a
monthly rent of Rs.300/- which was later enhanced to Rs.800/-. The
first floor room was let to the tenant on 10.07.1998 at a monthly rent of
Rs.250/- which was later enhanced to Rs.317/-.
3. The respondent-landlord filed eviction petitions being RCP No.
175/2013 as well as RCP No.176/2013 on 11.10.2013 in respect of the
1
two rooms in question. The said petitions were filed on three grounds,
namely, arrears of rent, bonafide requirement for additional
accommodation for the landlord’s business, and material damage to
the premises, under Sections 11(2)(b), 11(8) and 11(4)(ii), respectively,
of the Kerala Building (Lease and Rent Control) Act, 1965 [“Kerala
Rent Control Act”].
4. The trial court in its judgment dated 28.02.2015, held against the
landlord on the first and the third ground....