Building Lease and Rent Control Act, 1965 (Kerala) – Section 11 (3) -The benefit of second proviso to section 11(3) of the Act is available to the tenant to stifle the claim of the landlord for eviction under the ground of bonafide need. However, the burden to prove both the limbs of second proviso to section 11(3) of the Act is upon the tenant. There is no evidence to show that the tenant is depending upon the income from the building for his livelihood, nor is there any pleading or even evidence to show that there are no buildings available in the locality for the tenant to shift his business. In such circumstances, there is no reason to interfere with the findings of the appellate authority as well as rent controller under the second proviso to section 11(3) of the Act.
Citations : 2020 (5) KCC 174