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2020 Supreme(SC) 396

ROHINTON FALI NARIMAN, NAVIN SINHA, B.R.GAVAI
Addissery Raghavan – Appellant
Versus
Cheruvalath Krishnadasan – Respondent


Advocates Appeared:
For the Appellant :K. Rajeev, Advocate
For the Respondent:Abid Ali Beeran P Advocate

JUDGMENT

R.F. Nariman. J.

Leave granted.

2. In the present case, the appellant is the tenant of two shop rooms - one on the ground floor and the other on the first floor, each admeasuring 60 square feet. The tenant is doing textile business in the room situated on the ground floor, using the first floor as a godown. The ground floor room was let to the tenant on 10.10.1991 at a monthly rent of Rs.300/- which was later enhanced to Rs.800/-. The first floor room was let to the tenant on 10.07.1998 at a monthly rent of Rs.250/- which was later enhanced to Rs.317/-.

3. The respondent-landlord filed eviction petitions being RCP No. 175/2013 as well as RCP No. 176/2013 on 11.10.2013 in respect of the two rooms in question. The said petitions were filed on three grounds, namely, arrears of rent, bonafide requirement for additional accommodation for the landlord's business, and material damage to the premises, under Sections H(2)(b), 11(8) and H(4)(h), respectively, of the Kerala Building (Lease and Rent Control) Act, 1965 ["Kerala Rent Control Act"].

4. The trial court in its judgment dated 28.02.2015, held against the landlord on the first and the third ground. However, so far as bonafide req

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