M.L.JOSEPH FRANCIS, K.T.SANKARAN
SAMPATH S. PAWAR – Appellant
Versus
IBRAHIM – Respondent
K.T. Sankaran, J.
The question involved in this Revision is, apart from proving the bona fide need under S. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, whether it is necessary for the landlord further to prove that the claim is bona fide under sub-s. (10) of S. 11 of the Act. The Rent Control Revision is filed by the tenant challenging the concurrent findings of the Rent Control Court and the Appellate Authority under Ss. 11(3) and 11(4)(i) of the Act. The landlord had prayed for eviction on the ground under S. 11(4)(ii) as well and the Rent Control Court had allowed eviction on that ground as well. However, the Appellate Authority reversed the same.
2. Sub-section (1) of S. 11 of the Act provides that notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of the Act. The Act provides for various grounds for eviction like arrears of rent, bona fide need for own occupation of the landlord or for the occupation by any member of his family dependent on him, that the tenant has sublet the building, that the tenant uses the
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