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1977 Supreme(Ker) 95

K.K.NARENDRAN
AMMINI PANDARATHY – Appellant
Versus
LEELAMMA – Respondent


Judgment :-

Questions of some importance in the matter of eviction of a tenant for reconstruction of the building under S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short the Act, arise for consideration in these Civil Revision Petitions. The questions are:

(i) Whether the tenant of a residential building can be evicted for reconstructing the same into a non-residential building in view of the right of option for allotment of the reconstructed building the tenant has under the third proviso to S.11(4)(iv) of the Act.

(ii) Whether the reconstruction of a residential building into a non-residential one will be hit by the prohibition against conversion of buildings contained in S.17(1) of the Act.

(iii) Whether the plan and licence for reconstruction of the building should be thereat the time of filing the petition for eviction itself or it need be made available by the time evidence is taken in the petition, and

(iv) Whether in a revision filed against an order for eviction under S.11(4)(iv) of the Act the Revisional Authority can give a direction to the landlord to submit a fresh plan for the reconstruction of the building and uphold the order of eviction































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