2000 (3) TMI 1133

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.... the parties.Therefore, the petition filed by the landlady was dismissed. Aggrieved, the landlady filed an appeal against the order of the Rent Control Court. The appellate court found that the need of the landlady is bona fide and the building required demolition for reconstruction. Aggrieved, the tenant preferred a revision petition under Section 20 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as "the Act"). 2. The learned District Judge found that the landlady has neither pleaded the material ingredients of Section 11(3) of the Act in her petition for eviction nor led any evidence in that respect. Therefore, she was not entitled to succeed. Consequently, the revision petition was allowed and the order ....

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....im." (emphasis supplied) Language of Section 11(3) of the Act is plain and simple and there is no ambiguity in it. A perusal of Section 11(3) shows that if the landlord is in bona fide need of the building for occupation by any members of the family dependent on him he may apply to the Rent Control Court for eviction of the tenant. Thus where eviction of a tenant is sought by a landlord for occupation of any member of his family, the landlord is required to plead and substantiate three ingredients. Firstly, a person for whose need the premises is required is a member of the landlord's family. Secondly, such member of the family is dependent on the landlord and thirdly, there is a bona fide need. In the absence of any one of ....

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....uestion that arises is as to whether the learned District Judge in exercise of its revisional jurisdiction could interfere with the order of the appellate court. Section 20 of the Act confers revisional jurisdiction on the District Judge. Section20 of the Act reads as follows: "20. (1) In cases where the appellate authority empowered under Section 18 is a Subordinate Judge, the District Court and in other cases the Court, may at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in r....