HIGH COURT OF KERALA
K.HARILAL, MARY JOSEPH, JJ
BALAKRISHNA PILLAI – Appellant
Versus
T SABARIYAYI – Respondent
JUDGMENT
K.HARILAL, J.
The petitioner herein is the additional third judgment debtor in E.P. No.63/2017 in RCP No.4/94 on the files of the Principal Munsiff Court, Kollam. The aforesaid RCP was filed by the respondents herein under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') and on the ground that he requires the space occupied by the schedule building for providing parking space to the newly constructed building, since parking space in the newly constructed building is inadequate. If the tenanted building is demolished, sufficient parking space can be provided to the tenants in the new multi-storied building. Thus, the bonafide need was set up in the Rent Control Petition. After considering the objection filed by the petitioner herein, the aforesaid Rent Control Petition was allowed as prayed for and the same was confirmed in appeal also. Feeling aggrieved, the petitioner herein filed CRP No.2524/2002 before this Court and this Court affirmed the concurrent findings of the court below granting order of eviction under Section 11(3) of the Act and held as follows :
“In the result, the revision petitions are dismissed. The respondent/re
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