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1991 Supreme(Ker) 411

K.G.BALAKRISHNAN
Varghese Ittoop – Appellant
Versus
M. Ibrahim – Respondent


JUDGMENT

K.G. Balakrishnan, J.

1. This is a writ petition filed under Art.227 of the Constitution of Indiachallenging the order passed by the District Judge in R.C.R.P. 122 of 1983.The landlord is the petitioner. The petition relates to a two storeyed building inBroadway, Ernakulam. This building belonged to his father and as per Ext Algift deed it was given to the petitioner on 30-3-1973. This building was takenon rent originally on 1-9-65 by the father of respondents 8 and 9 herein forconducting a business in the name "Indian Hardware Stores". Monthly rentpayable was Rs.750/-. Petitioner contended before the Rent Control Court thathe wanted the building in question for conducting a stationery business. Thepetition was originally filed against respondents 8 and 9 alleging that thepetitioner bona fide required the building for own occupation. Respondents 8and 9 contended that the building in question was taken on rent by themrepresenting a firm of partners by name "T. H. Ibrahim Karim and Company"for the purpose of doing business in the name and style "Indian HardwareStores" and that the partnership consisted of others also. It was alleged thatthe 8th respondent had retired from the
















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