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1972 Supreme(Ker) 255

K.BASKARAN
THOMAS BABY – Appellant
Versus
CHERIAN THRESSIAMMA – Respondent


Judgment :-

1. In this revision under S.115 C.P.C., the tenant of a non-residential building challenges the validity of the order of eviction passed under S.11 (3) and 11 (4) (ii) of the Kerala Buildings (Lease and Rent Control) Act (Act 2 of 1965). The Rent Controller had found both the grounds against the landlord, but in appeal the findings of the Rent Controller were reversed on both the grounds and an order of eviction was granted. The judgment of the Appellate Authority was confirmed by the District Court in revision.

2. Various grounds have been taken in the memorandum of this revision petition. The main points on which arguments were advanced by Sri.C. K. Sivasankara Panicker, the learned counsel for the revision petitioner, are the following:

(i) The landlord had no bona fide need to occupy the petition schedule building and the rooms, which were being used for non-residential purposes, and in particular in the context that she had another house of her own in her possession in the same Municipality, and the special reasons mentioned in support of the order of eviction by the Appellate Authority and the revisional court are without any factual basis.

(ii) Even assuming that th











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