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1986 Supreme(SC) 533

E.S.VENKATARAMIAH, SABYASACHI MUKHARJEE
Aundal Ammal – Appellant
Versus
Sadasivan Pillai – Respondent


Judgment

SABYASACHI MUKHARJI, J.:- This appeal by special leave from the decision of learned single Judge of the High Court of Kerala is disposed of on a short question of law.

2. The appellant is a tenant. The High Court had reversed the concurrent findings and the decisions of three Courts below it and ordered eviction of the appellant.

3. The dispute relates to a portion of the ground floor of a three-storeyed building situated in one of the busiest commercial areas Pazhavangadi of the city of Trivandrum, where the appellant had been conducting a tea shop by name Sourashtra Hotel. In the adjacent rooms on the ground floor, the landlord was conducting a business in textiles namely Sarada Textiles. The tenancy began on 12th June, 1965. The tenancy was taken by the husband of the appellant. The rent was Rs. 140/- per month. The husband of the appellant died. Thereafter the appellant had been conducting the business from there.

4. On or about 15th April, 1976, the respondent purchased a three storeyed building. The petition schedule premises is a portion of the ground floor of the said three storeyed building. It is the case of the appellant that there were seven rooms on the first floo













































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