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1993 Supreme(Ker) 436

K.J.JOSEPH
Balakrishna Menon – Appellant
Versus
District Judge – Respondent


Judgment :-

Petitioner is the respondent in R.C.P.No. 43/1981 on the file of the Rent Control Court, Kozhikode. He was the tenant of a building belonging to the 4th respondent. The 4th respondent/ landlady filed an application for eviction of the petitioner/ tenant on the ground of bona fide need for the occupation of her husband's sister and her children under S.11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965. According to the landlady, the husband of the sister-in-law died on 15-8-1979 and the sister-in-law and her children are thereafter depending on the husband of the landlady. The landlady also alleged that there is no other building in her possession for the use and occupation of her sister-in-law and her children. The claim for bona fide occupation of the landlady was disputed by the petitioner/ tenant. According to him, the sister-in-law of the landlady and her children are residing at her husband's house at Koothupramba and she is not a member of the family of the landlady. He has also disputed the statement that the sister-in-law is depending on the landlady and therefore, according to the tenant, the application under S.11(3) of the Act is not maintainable








































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