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2002 Supreme(Ker) 761

S.SANKARASUBBAN, A.LEKSHMIKUTTY
Aniyeri Jayarajan – Appellant
Versus
Valiya Kooleri Koorma Yesoda – Respondent


Judgment :-

Sankarasubban, J.

Revision petitioner is the tenant in R.C.P.No.147 of 1991 on the files of the Rent Control Court, Thalasserry. The petition for eviction was filed by the landlady under Section 11(2)(a)(b) and Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act").

2. According to the petitioner, the petition schedule building was let out to the tenant on a monthly rent of Rs.140/- on the strength of a "kaichit" dated 27.10.1989. It was stated that the rent upto 27.10.1989 had been paid. It is further alleged that the landlady's husband was in bonafide need of starting a grocery business in the petition schedule building in order to enable him to earn a decent living. Her husband who was earlier employed in Abu Dhabi has returned to India six years ago. He has no other building in his possession and is dependent on the landlady for the building.

3. In the counter statement, it was contended by the revision petitioner that the alleged need is not true or genuine and the landlady's husband being very affluent was not in need of any such building and that he was looking after his estate. The need has been set up as a pretext







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