Kerala HC Upholds Eviction Order in Aswathi Prasad vs Subi Mamen
Kerala HC Upholds Eviction Order in Aswathi Prasad vs Subi Mamen (2026) held that The tenant must prove the landlord's possession of vacant buildings to contest eviction under the first proviso to Sec.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Summary
In the case of Aswathi Prasad @ Aswathi R. Nair vs Subi Mamen, the petitioner challenged the eviction order passed by the Rent Control Court and upheld by the Rent Control Appellate Authority. The petitioner argued that the tenant's livelihood depended on the rented premises, but both courts found that the tenant had alternative suitable buildings available for business. The High Court affirmed the lower courts' findings, emphasizing the tenant's failure to prove the landlord's possession of vacant buildings and the necessity of the eviction. The court ruled in favor of the landlord, allowing the eviction to proceed.
