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2013 Supreme(Ker) 177

T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI
Puthampurayil Mariyam – Appellant
Versus
Sunenda @ Suganda – Respondent


Advocates Appeared:
For the Petitioners:B. Krishnan, R. Parthasarathy, Mrs. Seema, Advocates.
For the Respondents:R1-R5, P.B. Krishnan, Mrs. Geetha P. Menon, N. Ajith, P.B. Subramanyan, Advocates.

Judgment :-

T.R. Ramachandran Nair, J.

1. This revision petition is filed by the defeated landlord being aggrieved by the rejection of the application for eviction. We would refer the parties as they are arrayed in the Rent Control Petition. Four petitioners are co-owners of the building. The eviction was sought on three grounds -- viz. under Section 11(3) (bonafide need), Sections 11(4) (ii) (ie., use of the building by the tenant so as to reduce its value materially and permanently) and 11(4)(iii) (ie., tenants having a building sufficient for their occupation) -- of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'). It was specifically averred that the building is needed for Sri. Ibrahim Puthenpurayil, the husband of the first petitioner and a dependent of her, for the purpose of running a grocery trade. It was averred that the petitioners bonafide need the said building for providing the same to Ibrahim. It was also alleged that the 5th respondent is running a business in the petition schedule building and was convicted for the offence of adulterating honey and therefore the tenants are using the building to destroy and reduce the value and utility material















































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