K.A.ANTHAPPAI versus C. AHAMMED

K.A.ANTHAPPAI versus C. AHAMMED

Appellate Authority's finding that landlord bona fide requires the building for personal occupation is a finding of fact and should not have been interfered with by High Court in revision; Appellate Authority erred by not considering tenant's entitlement to protection under second proviso to Section 11(3).

Parties
Appellant (landlord): K.A. Anthappai; Respondent (tenant): C. Ahammed
Jurisdiction
India
Judgment Date
05 May 1992
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed; judgment of Kerala High Court dated January 4, 1991 set aside; matter remanded to Appellate Authority.
Legal Topics
Revisional Jurisdiction, Eviction, Bona Fide Requirement, Building Repairs/alterations, Benefit of Second Proviso to Section 11(3)
Landlord Tenant Revisional Jurisdiction Eviction Bona Fide Requirement Building Repairs/alterations Benefit of Second Proviso to Section 11(3)

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Parties

K.A. Anthappai

Appellant (landlord)

C. Ahammed

Respondent (tenant)

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Scope and nature of revisional jurisdiction under Section 20 Kerala Buildings (Lease & Rent Control) Act, 1965 versus Section 115 CPC
  2. 2 Whether landlord's bona fide requirement can be negatived on ground of building requiring repairs/alterations
  3. 3 Necessity for Appellate Authority to consider tenant's entitlement to second proviso to Section 11(3)

Ratio Decidendi

Appellate Authority's finding that landlord bona fide requires the building for personal occupation is a finding of fact and should not have been interfered with by High Court in revision; Appellate Authority erred by not considering tenant's entitlement to protection under second proviso to Section 11(3).

Court Disposition

Appeal allowed; judgment of Kerala High Court dated January 4, 1991 set aside; matter remanded to Appellate Authority.

Orders

  • Order of Appellate Authority dated July 18, 1990 (to extent directing eviction under Section 11(3)) set aside.
  • Matter remanded to Appellate Authority to consider tenant's protection under second proviso to Section 11(3).