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2017 Supreme(Ker) 1545

K.HARILAL, P.SOMARAJAN
Ajithkumar S/o. Velayudhan Nair – Appellant
Versus
M. Asanaru Pillai S/o. Mohammed Kunju – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.B.Krishnan, Sri.P.M.Neelakandan, Sri.P.B.Subramanyan, Sri.Sabu George
For the Respondent: Sri.Harikumar (B/O)

ORDER :

Somarajan, J.

The revision is directed against the judgment of the Rent Control Appellate Authority No.II, Thiruvananthapuram, by the tenant raising the following questions regarding the application of Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act 1965, whether it is permissible for the landlord to change the purpose of the proposed need advanced under Section 11 (3) of the Act and whether it would take away the bona fides of the landlord, if it is found to be necessary in reference to the change of circumstance.

2. The factual situation of the case is that originally rent control proceedings were initiated by the landlord against the tenant raising a need for own occupation under Section 11(3) of the said Act. Initially, the claim under Section 11(3) was rejected by the Rent Control Court mainly on the ground that the nature of the need and the proposed purpose are not disclosed in the application and it was taken up in the Rent Control Appellate Authority, Thiruvananthapuram, who, in turn, allowed the application under Sections 11(3) and 11(2)(b) of the said Act. It was taken up before this Court and this Court remanded the matter back to the Rent Contro

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