Biju v. v.Suresh Babu
Case brief
What is this about?
High Court of Kerala dismissed revision petition challenging eviction order. Court held non-disclosure of vacant room is not fatal if landlord proves special reasons under Section 11(3)(a) proviso of Kerala Buildings (Lease and Rent Control) Act.
What did the court decide?
Revision petition dismissed; eviction order confirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
RCRev.No.303 OF 2019
AGAINST THE JUDGMENT DATED 26-07-2018 IN RCA 27/2016 OF
RENT CONTROL APPELLATE AUTHORITY (ADDITIONAL
DISTRICT COURT – V), KOLLAM
AGAINST THE ORDER DATED 26-02-2016 IN RC(OP) 35/2013 OF
RENT CONTROL COURT (PRINCIPAL MUNSIFF COURT), KOLLAM
Issues for consideration
3 issues framed by the court
Whether non-disclosure of vacant room in rent control petition is fatal if landlord gives special reasons.
Whether courts below erred in finding that eviction claim is not hit by Section 11(3) first proviso.
Whether special reasons for non-occupation of vacant premises are satisfactorily established.
Parties & counsel
- appellant
Biju
- respondent
V.Suresh Babu
Coram
K. Harilal
Case details
As recorded by the court registry
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