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1987 Supreme(SC) 709

G.L.OZA, SABYASACHI MUKHARJEE
Krishnan Nair – Appellant
Versus
Ghouse Basha – Respondent


Advocates:
A.T.M.SAMPATH, Sanjay Parikh, Sudarsh Menon

Judgement

SABYASACHI MUKHARJI,J. :- This is an appeal by the tenant against the judgment and order of the High Court of Tamil Nadu. By the aforesaid judgment the High Court upheld the landlords contention of bona fide requirement of the premises in question for the business of his sons and maintained the order of eviction passed by the courts below. So far as the question of bona fide need is concerned it has been upheld by the courts below and that finding is not assailed before us. But what was contended was that the application itself under S. 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, hereinafter called the Act was not maintainable as the requirement of the land was not for the landlord or members of his family as such but for two sons who were running a leather business in partnership with strangers. The deed of partnership was examined by the High Court but it is, however, not before us. It appears from the evidence that previously the father and the two sons used to carry on leather business from long time. The sons went into the partnership with others and two of the sons are partners. They jointly hold half the shares. From the evidence it



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