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1977 Supreme(Ker) 160

G.BALAGANGADHARAN NAIR
CHANDUKUTTY – Appellant
Versus
GEORGE – Respondent


Judgment :-

1. Petitioner applied for evicting the respondent-tenant from a residential building on the grounds that the rent was in arrears, that he bona fide required the building for the occupation of his son Ravindran who is depending on him and that the respondent had unauthorisedly sublet a portion of the building, grounds which fall under S 11(2) (b), S 11(3) and 11 (4) (i) respectively of the Buildings (Lease and Rent Control) Act, 1965. While offering to pay the rent that was in arrears, the respondent resisted the petition denying the bona fide need claimed by the petitioner and the sub-lease put forward by him.

2. The Rent Control Court upheld the grounds under S.11 (2)(b) and (3) and allowed the petition. Pending the appeal taken by the respondent he discharged the arrears of rent and that ground ceased to be alive. On the other surviving ground the Appellate Authority agreed with the Rent Control Court and sustained the order of eviction. The respondent carried a revision and the learned District Judge set aside the decisions and remanded the petition for fresh disposal, by the order which is the subject of this revision.

3. The learned judge reversed the orders on two g





























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