SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1980 Supreme(Mad) 176

A.VARADARAJAN
K. Gopalan Nair – Appellant
Versus
V. Kamalammal – Respondent


Advocates:
Advocate Appeared:
P. Ananthakrishnan Nair, for Petitioner.
K. Kumaraswami Pillai, for Respondent.

Judgment:

1. The petition has been filed to revise the judgment of the Appellate Authority (Subordinate Judge), Nagercoil, reversing the order of the Rent Controller (Principal District Munsif) Kuzhithurai, in H R. C. No. 2 of 1974 and directing the eviction of the petitioner from a nonresidential building on the ground that the building is required for the respondent's husband to start a textile business.

2. The allegation made in the eviction petition so far as this ground, with which alone we are concerned in this civil revision petition, is that the respondent's husband Kandaswami is a Government contractor and that the petition-mentioned building is required for his use. Though the petitioner before me has not disputed in his counter-statement the fact that the respondent's husband is a Government contractor, he has contended that the requirement is not bona fide. The learned Rent Controller accepted the contention of the petitioner and rejected the petition. But on appeal the learned Appellate Authority found that the honest desire of the respondent's husband, examined as P W. 1. coupled with the genuine need for requiring the demised property to start a business is the object






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top