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1980 Supreme(Ker) 184

P.SUBRAMONIAN POTI
NARAYANA PILLAI – Appellant
Versus
PONNAPPAN ACHARI – Respondent


Judgment :-

1. Who is a dependent within the meaning of S.11(3) of the Kerala Buildings (Lease and Rent Control) Act? Is it only the person who looks to another for financial support for his living or is the term wide enough to take in persons closely related to the landlord and who though not financially dependent on the other for his living looks up to the other for general support? This question arises in the context of a petition for eviction under S.11 (3) of the Kerala Buildings (Lease and Rent Control) Act by the landlord. The apparent purpose of seeking eviction in this case is to accommodate the son in such premises so that the son may carry on his business thereon. The son is aged 45, seems to have been employed in the military and is now retired. He has monetary resources to the extent of a sum of Rs. 18,000/- obtained by him from the military department for his service. No doubt he may not be depending upon his father for his maintenance Even so, convenience permitting, he may choose to live with the father in the father's house. That would naturally be what a son may do, even it he is financially not dependent . on his father, if the son has no other place to live in a

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