V.R.KRISHNA IYER
KALLIANI – Appellant
Versus
MADHAVI – Respondent
1. The only ground which found favour with the hierarchy of tribunals under the Rent Control law for ordering eviction was the one falling under S.11 (4) (i) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The landlord contended that the building, which was admittedly 50 years old and was a thatched one, was in such a condition that it needed reconstruction. He also averred that he required it honestly to reconstruct it. He had the necessary plan and licence and satisfied the Court of his ability to rebuild. Thereupon, the Courts granted an eviction order.
2. Counsel for the tenant-revision petitioner argues that two conditions need to be satisfied and they are independent conditions. For one thing, the landlord must satisfy the Court that he bona fide requires to reconstruct the building. The ruling reported in AIR. 1963 SC. 499explains the conditions which are implied in this requirement of the law.
"The controller has to be satisfied about the genuineness of the claim, To reach this conclusion obviously the controller must be satisfied about the reality of the claim made by the landlord, and this can only be established by looking at all surrounding circums
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