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2010 Supreme(SC) 171

T.S.THAKUR, MARKANDEY KATJU
Seshambal (dead) Through – Appellant
Versus
Chelur Corporation Chelur Building – Respondent


JUDGMENT

T.S. Thakur, J. —

1. This appeal by Special Leave arises out of an order passed by the High Court of Kerala at Ernakulam whereby C.R.P. No.558 of 1994 has been dismissed and the orders passed by the Rent Controller and the Rent Control Appellate Authority dismissing the eviction petition filed against the tenant wife affirmed. In a nutshell, the facts giving rise to the controversy are as under:

2. Late Shri K. Sachindanda Iyer and his wife late Smt. A Sheshambal Sachindanda Iyer owners of the premises in dispute let out the same to respondent No.1 for a period of three years in terms of a lease dated 12th April, 1983. On the expiry of the lease period the owners filed RCP No.116 of 1986 before the Rent Controller at Ernakulam seeking eviction of the tenant-occupant on the ground that they required the same for their bona fide personal occupation within the meaning of Section 11(3) of the Kerala Buildings (Lease and Rent Control Act), 1965. The prayer for eviction was opposed by the tenant, inter alia, on the ground that the owners did not require the demised premises and that the tenant would find it difficult to shift its business to any other premises on account of non-






























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