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2010 Supreme(Online)(SC) 79

SUPREME COURT
, J
Seshambal (dead) Through L.Rs. v. M/s. Chelur Corporation Chelur Building and Others


Advocates:
For the Appellant: Mr. K. V. Vishwanathan
For the Respondent: Mr. L. Nageswara Rao

Table of Content
1. facts leading to eviction proceedings. (Para 2 , 3 , 4)
2. legal arguments regarding continuance by heirs. (Para 6 , 7)
3. court's approach to subsequent developments in eviction. (Para 8 , 10 , 12 , 18)
4. ratio on rights of the parties in ongoing eviction cases. (Para 9 , 11 , 17)
5. final remarks on disposition and revised rent. (Para 19 , 20 , 21)

1. This appeal by Special Leave arises out of an order passed by the High Court of Kerala at Ernakulam whereby C.R.P. No. 558 of 1994 has been dismissed and the orders passed by the Rent Controller and the Rent Control Appellate Authority dismissing the eviction petition filed against the tenant wife affirmed. In a nutshell, the facts giving rise to the controversy are as under:

2. Late Shri K. Sachindanda Iyer and his wife late Smt. A Sheshambal Sachindanda Iyer owners of the premises in dispute let out the same to respondent No. 1 for a period of three years in terms of a lease dated 12th April, 1983. On the expiry of the lease period the owners filed RCP No. 116 of 1986 before the Rent Controller at Ernakulam seeking eviction of the tenant - occupant on the ground that they required the same for their bona fide person






























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