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2000 Supreme(Ker) 385

P.K.BALASUBRAMANYAN, T.M.HASSAN PILLAI
Sulthan – Appellant
Versus
Mohanan – Respondent


Judgment :-

P.K. Balasubramanyan, J.

The respondent in R.C.P. 13 of 1994 on the file of the Rent Control Court, Irinjalakuda being the tenants of a non-residential building are the petitioners in this Revision filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act. The landlords of the building, respondents herein filed the said application for eviction of the tenants under sub-s.2 and 4(iv) of S.11 of the Act. There were three schedules to the petition. A schedule had two shop rooms bearing Nos. 553/3 and 556/3, B Schedule had two rooms bearing No. 557/3 and C schedule had a room bearing No. 559/3. These three schedule rooms were in the possession of different tenants. Each of these schedules constituted a building as defined in the Act. But all these rooms were part of a larger structure or building. The landlord filed a common application for eviction of the tenants in respect of all the rooms on the plea that the entire building was in such a condition that it needed reconstruction and the landlord bonafide required to reconstruct the same and that he has the ability to rebuild the building. The case of the landlord was that the entire structure required reconstru







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