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

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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:

3. Aggrieved by the order passed by the Rent Controller, the owners appealed to the Appellate Authority who affirmed the decision taken by the Rent Controller holding that the owners were residing with their daughter and son - in - law at Ernakulam in a building owned by the owners. The Appellate Authority also found that the owners had a cottage at Kodaikanal and that being fairly old had no reason to shift back to Ernakulam in search of better

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