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1984 Supreme(Ker) 177

SUKUMARAN
BHASKARAN – Appellant
Versus
UNNI – Respondent


Judgment :-

1. The 'tenant' (not one belonging to the socially weak section, but a fortunately high placed officer of the Life Insurance Corporation) is the Revision Petitioner. All the authorities below repelled his contentions when he questioned the bona fide need of own occupation put forward by the landlord as a ground of eviction. Whether the decision of the three authorities below should be interfered with in the restricted jurisdiction of a revision under S.115 C P.C., is the question which arises for consideration.

2. A few skeletal facts may be recapitulated to appreciate the contentions of the Revision Petitioner.

3. The building situate in the city of Calicut is owned by Smt. Swarnalatha. Her husband is Rajagopalan, who had been gainfully employed from 1965 onwards in Nigeria as a Senior Agriculturist, in a project financed by the World Bank. Rajagopalan's wife belongs to Tellicherry. She was born in Malacca. Her parents are now in Singapore.

4. The couple did not occupy the building immediately, as they were away in Nigeria. It had been given on rent to various persons. Lastly, on 1-5-1975, it was given to the Revision Petitioner.

5. The project in Nigeria was expected to b




































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