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1991 Supreme(Ker) 83

SUKUMARAN, MANOHARAN
Ebrahim Ismail Kunju – Appellant
Versus
Phasila Beevi – Respondent


Judgment :-

Sukumaran, J.

Three shop rooms situate in Kayamkulam Municipality are in the occupation of tenants, Ebrahim Ismail Kunju and Abdul Sathar Kunju, as regards one, Philipose John as regards the other, and G. Krishnan Kavayyathu in respect of the third. Phasila Beevi claims to have purchased the rights over one building under a document of 1985. The landlady desired surrender of the buildings. The tenants were disinclined to surrender. The inevitable proceedings for eviction were initiated. The prominent ground projected for seeking eviction was a bona fide need, as envisaged in S.11(3). In R.C.P.7 of 1987, Phasila Beevi is the petitioner. It was averred by her that her husband was dependant on her, and was intending to have a wholesale business. The fact that her husband was without any employment or occupation and that he had the financial capacity for investment of funds in a business were also stated therein. The husband himself is the petitioner in R.CP. Nos. 6 and 9 of 1987. What is projected therein is his own need.

2. A petition I.A.No.344 of 1988 was filed for joint trial of R.CP. Nos. 6 and 9 of 1.987 along with R.C.P. 7 of 1987. It was contended that the evidence i

















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