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2004 Supreme(Ker) 109

PIUS C.KURIAKOSE, K.S.RADHAKRISHNAN
Sree Narayana Dharmasabha – Appellant
Versus
Sathiapalan – Respondent


Judgment :-

Pius C. Kuriakose, J.

Whether the need of a public institution with the financial, educational and cultural uplift of the members of the institution as its objective to conduct a business for raising funds for achieving the aforementioned objective be termed as a need for the purposes of the institution within the ambit of sub-Section (7) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act is the question which arises for consideration in this case.

2. The facts having been narrated in detail in the orders passed by the Rent Control Court and the Appellate Authority need be stated only very briefly. The revision petitioner landlord is the Sree Narayana Dharmasabha at Kodungallur, a society registered under Act 12 of 1955. The building which is the subject matter of the proceedings for eviction under the Rent Control Act presently occupied by the respondent tenant belongs to the revision petitioner society. Eviction was sought on various grounds under the Rent Control Act including the ground under Sub-Section (7) of Section 11, the only ground which presently survives for consideration. Section 11(7) was invoked on the pleading that the landlord society has






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