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1975 Supreme(Ker) 14

V.BALAKRISHNA ERADI, GEORGE VADAKKEL
HARIDAS – Appellant
Versus
MERCANTILE EMPLOYEES ASSOCIATION – Respondent


Judgment :-

1. The revision petitioner is in occupation of a non-residential building situated within the Calicut City limits as a tenant under the respondent. A petition, R.C.O.P. 86 of 1968, was filed by the respondent before the Rent Control Court, Kozhikode, under S.11 (2) and (7) of the Kerala Buildings (Lease & Rent Control) Act, 1965, for the eviction of the revision petitioner on the ground that he had kept the rent in arrears and that the building was needed by the landlord who claimed to be a public institution within the meaning of the expression as used in S.11 (7) for the purposes of the said institution. It may be mentioned at this juncture that the respondent-landlord is a Mercantile Employees' Association which is a trade union registered under the Indian Trade Unions Act, 1926. The plea put forward by the landlord is that the building is needed for the purposes of re-starting a Recreation Club for the members of the Association.

2. The revision petitioner (tenant) refuted the claim of the respondent - Association that it is a public institution entitled to claim the benefits of Subsection (7) of S.11. It was also contended by the tenant that the case set up by the l



















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