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2011 Supreme(Ker) 944

PIUS C.KURIAKOSE, K.HARILAL
Laila A. Khader – Appellant
Versus
Scaria – Respondent


Advocates Appeared:
For the Petitioner:T. Ramprasad Unni, Rahul Venugopal, Advocates.
For the Respondent:R1, Mathew John, R3 To R5, P.S. Sajid, Advocates.

Judgment :-

Harilal, J.

1. This revision petition is preferred against the judgment passed in RCA.30/08 on the files of the Rent Control Appellate Authority, Kottayam, declining the claim for eviction under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act (BRC Act). The revision petitioner/landlord filed the petition under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act and the learned Rent Controller allowed the petition as prayed for. The order passed by the Rent Controller was challenged in appeal on various grounds by the respondent/tenant. The appellate authority allowed the appeal on the findings that the requirement for additional accommodation for expanding the business is not bonafide and that the decision taken regarding comparative hardship under proviso to Section 11(10) of the BRC Act is not correct.

The facts of the case can be summarised as follows:-

Facts:

The respondent/tenant is occupying the petition schedule shop room for conducting a book depot by name "S.H. Book Depot" on the northern portion of the ground floor of a multi-storied building by name 'Swapana Building' owned and possessed by the landlord and situating in the



























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