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1968 Supreme(Ker) 238

V.BALAKRISHNA ERADI
KATHRINGA – Appellant
Versus
LONAPPAN – Respondent


Judgment :-

1. The petitioner who was in occupation of a building in Ward No. 11 of the Trichur Municipality as a tenant on a monthly rent of Rs. 15 was sought to be evicted therefrom at the instance of the 1st respondent who had become the owner of the building by virtue of a transaction of assignment, dated 1st December 1962. The proceeding for eviction was instituted by the 1st respondent before the Rent Control Court, Trichur as RCP. No. 42 of 1963 on 11th June 1963 on the ground that he needed the building bonafide for his own occupation. In defence of the aforesaid application the petitioner had contended in her counter statement that the contract rent was only Rs. 7.50 per month, that she had been in continuous occupation for over 33 years and as such was not liable to be evicted therefrom, that the allegation put forward by the landlord that he needed the building bonafide for his own occupation was not true, that in any event the trade conducted by the petitioner on the premises was her sole means of livelihood and that therefore she should be protected from eviction in as much as she would be deprived of her means of subsistence as a result of her being directed to vacate







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