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

1991 Supreme(Ker) 289

MANOHARAN, VARGHESE KALLIATH
Sadanandan – Appellant
Versus
Kunheen – Respondent


Judgment :-

Varghese Kalliath, J.

The landlord initiated proceedings under the Kerala Buildings (Lease and Rent Control) Act I' tf->5, hereinafter referred to as the "Act" for eviction of the revision petitioner herein. The landlord raised several grounds. Now we are concerned only with the ground under S.11 (3) of the Act.

2. Counsel for the petitioner presented this case very ably.

3. Respondent herein, the landlord claimed eviction for the bonafide need of the building for his own occupation. The building in question is ached. The tenant is using this building as a motor repairing workshop. There is no dispute as to the fact that the landlord's son is a stage carriage operator and he is operating one bus with route permit. The need alleged is that in order to park the bus the building is needed. To strengthen this case of the landlord it has been brought in evidence that parking of the vehicle on the roadside was prevented by the police on several occasions.

4. The tenant contended that the bonafide need alleged is only a pretext to evict the tenant. He also raised the contention that even if the landlord is in a position to establish his bonafide need for own occupation the tenant











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