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1975 Supreme(Ker) 31

G.VISWANATHA.IYER
E. K. IBRAHIM – Appellant
Versus
JOSEPH – Respondent


Judgment :-

1. The 1st respondent landlord of a building filed an application under the Kerala Buildings (Lease and Rent Control) Act for evicting the petitioner on the ground of arrears of rent and that he required the building bona fide for his own occupation. Later two more grounds were added by way of amendment, namely, that the petitioner is in possession of another building sufficient for carrying on his business and that he sub-let the building to the 2nd respondent without the consent of the landlord. The petitioner denied all the grounds raised by the landlord. The Rent Control Court negatived the contention of the landlord that the petitioner is in arrears of rent and that the landlord required the building for his own occupation bona fide. Nevertheless, that court found that the additional grounds urged by way of amendment, namely, that the petitioner sub-let the building and that he is in occupation of another room sufficient for his purpose have been made out and accordingly ordered eviction. The petitioner filed an appeal to the Appellate Authority (Sub Judge, Irinjalakuda). Pending the appeal the Act was amended (Act 2 of 1973) by incorporating a proviso to S.11 (4)













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