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1987 Supreme(Ker) 623

THOMAS
KRISHNA MENON – Appellant
Versus
DISTRICT JUDGE – Respondent


Judgment :-

1. The three authorities under the Kerala Buildings (Lease and Rent I Control) Act, 1965 (for short 'the Act')-Rent Control Court, Appellate I Authority and Revisional Authority have held in one accord that the need of I the landlord is bona fide and that the tenant is liable to be evicted from the building on the ground under S.11(3) of the Act. The landlord stated that he requires the landed space covered by the tenanted building to be used as a passage to the new multi-storeyed building constructed by him behind the tenanted premises. Such use can be made only by demolishing the tenanted building. The eviction order was passed by holding that the aforesaid need of the landlord is bonafide. This Original Petition is hence filed by the tenant under Art.227 of the Constitution of India challenging the said order of eviction passed against him. The contention urged during the time of argument is that the use of the landed space covered by the building. after demolishing the building. is not what is envisaged in S.11(3) of the Act. Counsel is aware that the decision of this Court is Sarada v. Kumaran (1969 KLT.133) is against the said contention. Hence learned counsel for









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