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2005 Supreme(Ker) 672

RAJEEV GUPTA, K.S.RADHAKRISHNAN, KURIAN JOSEPH
Thalayodi Raghavan – Appellant
Versus
Koorantavitta Kelappan – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Love your beloved ones, give a helping hand to the members of your family dependant on you, a message underlined in Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. Legislature recognizes human relationship, family bonds and encourages it to promote justice in human relationship. Manifestly with this intention the expressions, “family” and “dependant” are left undefined in the statute, giving freedom to interpret those expressions depending upon the fact situation.

2. Noticing that the earlier Division Benches had not taken into consideration the variety of circumstances under which a person would fall under the expressions “family of the landlord” and “dependant” under Section 11 (3) of the Act the matter has been placed before a larger bench for an authoritative pronouncement. The meaning that could be ascribed to those words were guardedly left undefined by the earlier Division Benches in our view rightly.

3. The expression “family” as such has not been defined in the Act; so also the expression “dependant”. Therefore, the meaning that is to be ascribed to these expressions appearing in Section 11(3) of the Act has to be examine














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