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2007 Supreme(Ker) 787

K.BALAKRISHNAN NAIR, T.R.RAMACHANDRAN NAIR
Simon – Appellant
Versus
Rappai – Respondent


ORDER

T.R. Ramachandran Nair, J.

1. This Revision Petition is filed by the tenants challenging the judgment rendered by the Rent Control Appellate Authority. The respondent herein is the landlord. The landlord filed RCP.No.42/1998 to evict the tenants under Sections 11(2), 11(3) and 11(4) (v) of the Kerala Buildings (Lease and Rent Control) Act, 1956. The rent control court dismissed the eviction petition, and on appeal by the landlord the appellate authority has allowed eviction under Sec.11(3) and 11(4)(v) of the Act.

2. The facts of the case which are necessary for disposing of the revision petition are the following:

The tenanted premises is a shop room in the ground floor of a multi storeyed building. The landlord is occupying a similar shop room adjacent to it on the northern side of the petition schedule room. The same is owned by his wife. And the landlord is conducting jewellery shop named Maharani Jewellers in the said shop room. The petition schedule shop room was purchased by the landlord from its previous owner in year 1997 as per Ext.A1 sale deed. The premises is required for own use of the landlord to expand his business. Apart from the plea of bonafide need, evictio













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