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2009 Supreme(Ker) 61

M.C.HARI RANI, C.KURIAKOSE
Poolakandi Kumaran – Appellant
Versus
Kulangara Veettil Mathu – Respondent


Advocates Appeared:
For the Petitioner:B. Krishnan, R. Parthasarathy, Advocates. For the Respondent:R1, T. Krishnan Unni (Sr.), C.M. Mohammed Iquabal, Advocate.

Judgment :

Pius C. Kuriakose, J.

The tenant, who has suffered order of eviction concurrently on the ground mentioned under Sections 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (Act 2 of 1965) (hereinafter referred to as the Act )at the hands of the Rent Control Court and the Appellate Authority, has filed this revision petition under Section 20 of the Act. Though the landlady invoked the ground under Section 11 (4)(iii) also, the said ground does not survive any longer since rent control appeal or revision petition were filed by the landlady against the order declining eviction under that ground. The landlords case in the context of the ground under Section 11(3) was that she requires the petition schedule building bona fide for occupation by her dependent son Sukumaran, so that Sri.Sukumaran can conduct a stationary business therein. It was also averred by the landlady that neither she nor Sukumaran possess any building of their own as to disentitle them to order of eviction under Section 11(3) of the Act. The case was resisted by the revision petitioner/tenant. The bona fides of the need and the claim were disputed. The revision petitioner also claimed protectio









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