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1968 Supreme(Ker) 259

V.P.GOPALAN NAMBIYAR
Narayana Panicker – Appellant
Versus
Daveed Sait – Respondent


JUDGMENT

V.P. Gopalan Nambiyar, J.

1. This writ petition arises out of proceedings for eviction commenced under the Kerala Buildings (Lease and Rent) Control Act 1959, and continued under the practically identical provisions of the Act 2 of 1965. The two petitioners in this writ petition are related to each other as uncle and nephew, and claim to be tenants of the building from which eviction was sought. The respondent is the successor in interest of the original landlord who let the building in question. The grounds on which eviction was sought were: (1) non payment of rent (2) subletting without the consent of the landlord; (3) Waste; (4) that the landlord needs the building bona fide for his own occupation; and (5) that the building is in such a condition that it needs reconstruction and the landlord bona fide required to reconstruct the same. The Rent Control Court found in favour of the landlord on grounds relating to nonpayment of rent, requirement for the purpose of reconstruction and bona fide need for the landlord's own occupation and allowed eviction on these grounds. It recorded no finding on the ground of subletting, and found against the landlord on the ground of waste.















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