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1975 Supreme(Ker) 232

P.NARAYANA PILLAI, G.BALAGANGADHARAN NAIR
KOCHAPPAN PILLAI – Appellant
Versus
CHELLAPPAN – Respondent


Judgment :-

1. This case has come up for hearing before us on reference made by a learned single judge, who on hearing it doubted the correctness of the decision in Ikkorakutty v. Hariharan,1973 KLT. 986, a single judge's decision under the Kerala Buildings (Lease and Rent Control) Act, 2 of 1965.

2. An application under S.11 of the Act was filed in the present case before the Rent Control Court, Trivandrum, for eviction. One ground mentioned in it for eviction was bonafide requirement of the building as contemplated by S.11(3) for use of the landlords son who was dependent on the landlord. One contention raised by the tenant was that he was depending for his livelihood mainly on the income from the lodging and taxi business he carried on in the building and that as there was no other suitable building available in the locality for him to carry on that business eviction could not be ordered as per the provisions of the second proviso to S.11(3). The Rent Control Court ordered eviction. That order was confirmed in appeal by the Subordinate Judge, Trivandrum. In revision therefrom the District Judge, Trivandrum, followed the single judge's decision in Thomas Baby v. Cherian Thressiamm

































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