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1999 Supreme(Ker) 310

V.N.KHARE, S.S.M.QUADRI
Davis – Appellant
Versus
Sebastian – Respondent


Judgment :-

1. This appeal is from the judgment and orders of the Division Bench of the High Court of Kerala at Ernakulam in C.R.P. No. 1778 of 1991-C dated July 28,1994. The polemic centres round interpretation of the expression'personal use' in sub-s. (8) of S.11 of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short'the Kerala Act').

2. A brief narration of the facts giving rise to this appeal is necessary to appreciate the question involved in this case. 'The question of bona fide requirement of additional accommodation under S.11(8) of the Act alone is canvassed before us so we are confining the facts relevant to that ground. The appellant is the landlord and the respondent is the tenant of a shop room which is a portion of the main building of Irinjalakkuda Village, Mukundapuram Taluk, (hereinafter referred to as 'the premises'). In the main building the appellant was running the business of hotel-cum-bar. On the plea that he had made all preparation for starting a jewellery shop and a textile shop and bona fide requires additional accommodation for the proposed business, he filed R.C.P. No.31 of 1983 seeking eviction of the respondent from the premises. The groun





















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