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1995 Supreme(Ker) 76

K.T.THOMAS, N.DHINAKAR
Raghavan – Appellant
Versus
Govindan Nambiar – Respondent


Judgement Key Points

Certainly. Here are the key points from the provided legal document:

  • The case concerns a landlord-tenant dispute under the Kerala Buildings (Lease and Rent Control) Act, 1965, specifically focusing on the eviction of a tenant for the landlord's need to accommodate his eldest son's proposed grocery business (!) (!) .

  • The landlord initially failed to establish sufficient need for eviction, but after a remand, the appellate authority found that the need for the eldest son's business was bona fide (!) (!) .

  • During the pendency of the proceedings, the landlord acquired vacant possession of an adjacent building. The landlord contended that this building was intended for his second son's use, not for the grocery business, and thus, the tenant's claim for protection under the first proviso to S.11(3) was accepted by the appellate authority, leading to an eviction order [15000085430002] (!) .

  • The tenant argued that the landlord could not escape the protections provided by the first proviso simply by claiming the need for another building, especially when the landlord had a building in his possession. The court emphasized that the first proviso requires special reasons to justify eviction despite the landlord's possession of another building (!) (!) .

  • The first proviso to S.11(3) stipulates that eviction should not be ordered if the landlord has another building in his possession in the same area unless there are special reasons justifying such eviction (!) .

  • The court explained that the purpose of the proviso is to prevent landlords from evicting tenants without genuine need when they possess alternative suitable premises, unless specific exceptional reasons are established (!) (!) .

  • The burden of proof initially lies on the tenant to show the landlord's possession of another building. Once established, the landlord must then prove the existence of special reasons to justify eviction (!) [15000085430005].

  • Examples of potential special reasons include the building's inadequate condition, the need to start a different trade, or the necessity for family members to establish separate premises. However, mere claims without supporting evidence are insufficient (!) (!) .

  • In this case, the court found that the reasons provided by the landlord—such as the building's structural deficiencies or the intended use by the second son—were not sufficient or did not qualify as special reasons. The landlord's failure to produce further evidence upon remand was also noted [15000085430007][15000085430008].

  • The court concluded that the eviction order was unjustified under the first proviso, set aside the appellate authority's order, and disposed of the revision accordingly. The court emphasized that the landlord had the opportunity to adduce additional evidence but did not do so, and was free to initiate a new proceeding based on a bona fide need of the second son if necessary [15000085430008] (!) .

Please let me know if you need further analysis or assistance.


Judgment :-

Thomas, J.

The sole question which survives now, after the lapse of nearly a decade since the landlord and the tenant have forked each other with the rent control proceedings, is whether the tenant can be allowed to seek protection envisaged in the first proviso to S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the act).

2. For the purpose of this revision there is no need to recite the entire facts or the history of this litigation. So we are mentioning only those facts barely necessary for the purpose of deciding the question. Eviction was applied for on the ground that landlord's eldest son Jayarajan was in need of starting a business in the building. Initially the tenant succeeded as the Rent Control Court and the Appellate Authority have concurrently held that the landlord failed to make out the need. This was on the premise that the landlord did not state the exact nature of the business his son had in contemplation. But, in a previous revision this court, following the decision of a Division Bench in Narayani v. District Judge (1991(1) KLT 646) remanded the case to the Appellate Authority for deciding the appeal afresh. Appellate Aut











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