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1977 Supreme(Ker) 205

G.BALAGANGADHARAN NAIR
MUHAMMAD – Appellant
Versus
SINNAMALU AMMA – Respondent


Judgment :-

1. The first respondent in the revision who is the landlord sought eviction of the petitioners who were in occupation of the first floor of a two storeyed building under the tenant who was the first respondent in the petition for eviction Apart from the allegation that rent was in arrears that question-is no longer relevant-the main ground on which the landlord claimed eviction was under S.11 (3) of the Buildings (Lease and Rent Control) Act which provides that:

"A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him."

2. In support of this ground the landlord bad alleged that her husband Pw.1 was running a stationery business and a medical shop in the ground floor, that her son Balagopalan was conducting a typewriting institute in a rented building some distance away in the same town and that if the premises in question which consist of three rooms and a hall are vacated Pw.1 could expand his business and Balagopalan could move his institute into them. This ground was accep















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