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1986 Supreme(Ker) 64

VARGHESE KALLIATH
MAVELIKARA EX-SERVICEMENS CO-OP. SOCIETY – Appellant
Versus
RAJAMMA – Respondent


Judgment :-

This is a revision petition filed by the tenant in a proceeding under the Kerala Buildings (Lease and Rent Control) Act, 1965, for short the Act.

2. The landlady filed the petition for eviction of the tenant under S.11(3) of the Act. Now all the authorities including the revisional court have found that the landlady has established her case of bona fide need for own occupation and allowed the claim of the landlady.

3. The question regarding bona fide need is essentially a question of fact. Of course in certain circumstances, it may be linked up with questions of law. In AIR. 1980 SC. 1253 (Rajalakshmi Dyeing Works v. rangaswami) the Supreme Court has held that to hold that a question is a mixed question of fact and law is not sufficient to warrant the exercise of revisional power. The Court said:

'It must however, be shown that there was a taint of such unreasonableness resulting in a miscarriage of justice."

Since all the authorities have found that the landlady has established the bona fide need and no question of law is involved in this aspect of the case, I do not think that I can interfere with this finding of the lower authorities exercising my power under S.115 CPC.



































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