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1997 Supreme(Ker) 152

T.V.RAMAKRISHNAN, K.V.SANKARANARAYANAN
Govindan – Appellant
Versus
Subaida Beevi – Respondent


Judgment :-

Ramakrishnan, J.

The short question arising for consideration in this revision is this : Whether the general principle of constructive res judicata or S.15 of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short'the act ) would preclude a landlord from claiming eviction on any one of the grounds mentioned in S.11 of the Act after an adverse finding in an earlier petition for eviction filed on some other grounds under that Section, if such omitted ground was available to him at the time of filing the earlier petition and the adverse decision thereon?

2. The brief facts of the case necessary for disposal of the revision are thus: Respondent-landlady filed rcp 53 of 1989 claiming eviction of the petition schedule building from the petitioner-tenant under S.11(3) and 11(4)(iii) of the Act. It was alleged in the petition that the landlady assisted by her husband wanted to open a new stationary business and a showroom and depot in the petition schedule building for the sale of Match boxes produced in the Match factory owned by her husband and as such the building is needed bonafide for her occupation. It was also alleged in the petition that the tenant has acquired


































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