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2009 Supreme(Ker) 184

C.KURIAKOSE, C.K.ABDUL REHIM
K. S. Dasan – Appellant
Versus
K. V. Janardhanan – Respondent


Advocates Appeared:
For The Petitioner:K. Jayakumar, Advocate. For The Respondents:V. Chitambaresh (Sr.), Advocate.

Judgment:

Pius C. Kuriakose, J.

A tenant against whom an order of eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act for short) is passed concurrently by the Rent Control Court and the Appellate Authority is the petitioner in this revision under Section 20 of the Act.

2. The parties will be referred to for convenience as the landlord and tenant. The need projected by the landlord in the Rent Control Petition is that he has two sons by name K.V. Arun Kumar and K.V. Anek. Both of them are married and have children. Differences of opinion cropped up between them through their wives. The landlord is suffering from heart diseases and is undergoing treatment at Kovai Medical Centre, Coimbatore. To avoid bickerings in the family, the landlord needs to accommodate his son Anek and his family in the petition schedule building. Sri. Anek is a dependent of the landlord for the purpose of getting accommodation.

3. Thelandlords claim was resisted by the tenant who contended that the need projected was only a pretext for eviction. The averment that there were differences of opinion between the wives of the sons or between the sons was disputed. It wa









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