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1994 Supreme(Ker) 48

T.L.VISWANATHA IYER, P.KRISHNA MOORTHY
Santha – Appellant
Versus
1st Addl. District Judge – Respondent


Judgment :-

Viswanatha Iyer, J.

The landlady of a building in the occupation of respondents 4 to 9 is the petitioner in this petition under Art.227 of the Constitution of India. The building had been leased out to one Subramaniam, the predecessor of these respondents on January 1, 1963 under a lease deed Ext. P1 for the purpose of conducting a tea shop. After the death of Subramaniam the respondents are in possession and respondents 6 and 8 are admittedly carrying on tea shop business in the premises. This building is part of a line building in another portion of which the petitioner's husband is carrying on a ration shop. Petitioner filed application for eviction of respondents 4 to 9 (hereinafter referred to as the tenants) from the building, on the ground that she needed it bona fide for the residence of her eldest son Sooraj Babu and his family, a ground of eviction falling under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act, for purpose of brevity). Another ground raised that the tenants were using the building in such a way as to impair its value and utility materially and permanently does not survive for consideration now as it was not pursued af


























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