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1989 Supreme(Ker) 64

SREEDHARAN
A. V. KAMMATH – Appellant
Versus
CHANDRAN – Respondent


Judgment :-

1. Petitioners challenge the common order passed by the District Court, Ernakulam, in R.C.R.P. Nos. 111/86 and 9/87. Proceedings were initiated by the first respondent under the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as 'the Act' to recover buildings bearing Door Nos. 2600 and 2602 in Ward No. 37 of Cochin Corporation from respondents 2 and e, tenants of the building, and petitioners who are the sub-tenants. Recovery was sought u/ Ss.11(e),11(4) (iii) and 11(5) of the Act. That claim of the first respondent was disputed by the tenants and the sub-tenants. By Ext.P2 order the Rent Control Court came to the conclusion that the need of own occupation asserted by the landlord is reasonable, honest and genuine and that the tenants have constructed another building which is reasonably sufficient to meet their requirements of business. It was further found that the landlord has no building of his own with facilities for expanding his present business. In view of these findings, the tenants and the sub-tenants who were respondents before the Rent Control Court were directed to surrender vacant possession of the building u/Ss.11(e) and 11(4) (iii)
























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