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1975 Supreme(Ker) 103

N.D.P.NAMBOODIRIPAD
MOHAMMED HAJI – Appellant
Versus
UMANANDA KAMATH – Respondent


Judgment :-

1. These two revisions arise out of a proceeding under S.11 of the Kerala Buildings (Lease and Rent Control) Act, Act 2 of 1965, and referred to herein as the Act. The premises in dispute were let out to the tenant by the petitioner-landlord under Ext. Al dated 4 41969 for a monthly rent of Rs. 65/-. The landlord is occupying the first floor of the same building, and the premises rented out is the ground floor. Eviction was sought on the ground that the landlord bona fide needed the building for conducting a trade. It was after issuing Ext. A2 notice dated 9 61971 that the eviction proceedings were launched. The tenant denied the bonafide need alleged by the landlord and also contended that the business run by him in the disputed premises is the main source of his income. The tenant also had a case that Ext. A2 is not in accordance with law. The Rent Control Court repelled the contentions of the tenant and allowed eviction. The tenant took the matter in appeal. The appellate authority confirmed the finding of the Rent Control Court regarding the bonafide need of the landlord, but dismissed the eviction petition on the ground that Ext. A2 is violative of S.106 of the Tra









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