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1980 Supreme(Ker) 200

P.SUBRAMONIAN POTI
S. Sivasubramanya Iyer – Appellant
Versus
S. H. Krishnaswamy – Respondent


Advocates:
T.S. Venkiteswara Iyer and P.K. Balasubramoniam, for Petitioner; M.B. Rajendran Nair, for Respondent.

ORDER :-

The petitioner in this revision petition is the landlord of a residential building. He moved the rent control court seeking surrender of the building occupied by the respondent-tenant on the ground that he required such building for his residence along with his aged parents and also for additional accommodation for himself and his family including such aged parents. This claim was made both under sub-section (3) and sub-section (8) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, (hereinafter referred to as the 'Act'), because, according to the petitioner the building in the possession of the respondent-tenant was really a portion of the entire building, the rest of which was in the possession and occupation of the petitioner-landlord. Originally these two portions -had been rented out separately and while so the petitioner, who was the occupant of one of the two portions of the entire building as a tenant purchased the whole building from the then owner and at that time the respondent was occupying a portion of the building as tenant, which is the portion now sought to be recovered from the tenant by the petitioner.

The petitioner's case was that for man















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