SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1991 Supreme(Ker) 122

VARGHESE KALLIATH, MANOHARAN
Madhavan – Appellant
Versus
Leelamma – Respondent


Judgment :-

Varghese Kalliath, J.

The tenant against whom an order of eviction under S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as' the act) was passed by the Rent Control Court which has been confirmed by the appellate authority is the revision petitioner. The landlady purchased two shop rooms in a big building having 9 shop rooms. In one of the shop rooms, the landlady was also doing some business. She purchased 3 shop rooms including the 2 rooms occupied by the revision petitioners in this case and C.R.P. No. 446/91.

2. The landlady filed an application under S.11(4)(iv) of the Act. S.11(4)(iv) of the Act provides thus:-

"if the building is in such a condition that it needs reconstruction and if the landlord requires bonafide to reconstruct the same and if he satisfies the Court that he has the plan and licence, if any required, and the ability to rebuild and if the proposal is not made as a pretext for eviction".

The landlady in the eviction petition only said that the building needs reconstruction. The revision petitioner herein objected the petition stating that the landlady does not require the building for the purpose of reconstru




















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top