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2000 Supreme(SC) 556

A.P.MISRA, V.N.KHARE
Koyilerian Janaki – Appellant
Versus
Rent Controller (Munsiff) , Cannanore – Respondent


(1) THE tenant is in appeal before us. The respondent who is the landlady of the premises in dispute filed a petition before the Rent Control Court for eviction of the appellant herein on the grounds that she bona fide needs the building for the occupation of her married daughter and son-in-law who are medical practitioners and also for demolition of the premises and its reconstruction. The Rent Control Court found that there is no relationship of landlord-tenant between 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"). 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 petitio









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