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1991 Supreme(Ker) 240

PADMANABHAN
Kunhalu – Appellant
Versus
Baputty – Respondent


Judgment :-

Petitioner is the tenant and respondents 1 to 3 are landlords. Transaction covered by Ext.P4 lease deed admittedly comes within the purview of rent control legislation. In R.C.P. No.13 of 1984 before Rent Control Court. Perintalmanna, respondents 1 to 3 sought to evict petitioner on the grounds of arrears of rent and bona fide need for own occupation. Claim under S.11(3), on the ground of bona fide need for own occupation, was rejected. Eviction was allowed only on the ground of arrears of rent. In appeal, eviction was granted under S.11(3) also. That was confirmed in revision. Attempt is to get these orders vacated, in exercise of the powers of this Court under Article 227 of the Constitution.

2. Grounds taken up are: i) Over and above respondents 1 to 3, there is another co-owner also. Wife of the petitioner purchased share of that co-owner. Hence respondents 1 to 3 alone are not entitled to evict him; ii) Ext.P4 must be considered as a permanent lease, which is not liable to be terminated, as there is a provision for renewal; and iii) Findings of the appellate and revisional courts, on bona fide need, are perverse justifying interference.

3. Law presumes that each and







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