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2007 Supreme(Ker) 524

T.R.RAMACHANDRAN NAIR, K.BALAKRISHNAN NAIR
Janatha Drugs – Appellant
Versus
Maithri Construction – Respondent


Judgment :-

T.R. Ramachandran Nair, J.

The tenant is the revision petitioner. Eviction was sought on the ground of arrears of rent under Section 11(2)(b) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short ‘the Act’) and also under Section 11(3) for bona fide need of the landlord. The Rent Control Court dismissed the petition. In appeal by the landlord, the appellate authority set aside the order of the Rent Control Court and allowed eviction under Section 11(3) of the Act. Aggrieved by the same, the tenant has come up in revision.

2. The landlord is a partnership firm. Eviction was sought on the ground that one of the partners of the firm and the son of the managing partner decided to start a wholesale business in National Panasonic Mixi and Rice cooker in the petition schedule shop room and the partner of the firm have agreed for the same. In the objection, it was contended by the petitioner that the need set up by the landlord is without any bona fides, that the landlord is having other vacant shop rooms in the same building in their possession sufficient for the business of the son of the managing partner and therefore the claim is not sustainable. It was specific


























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