B. KANDASAMY REDDJAR ETC. versus O GOMATHI AMMAL

B. KANDASAMY REDDJAR ETC. versus O GOMATHI AMMAL

Sections 14(1)(b) and 10(3)(c) are independent; a landlord can pursue additional accommodation under Section 10(3)(c) even if relief under Section 14(1)(b) is not pressed. The inclusive definition of 'building' allows landlords occupying part of a building to seek relief, as the statutory context demands a flexible interpretation. Landlady's requirement was held to be bona fide, and advantage outweighs tenant's hardship.

Parties
Appellant: B. Kandasamy Reddiar; Appellant: S. Balakrishnan; Appellant: V. Prabhakar; Respondent: O. Gomathi Ammal
Jurisdiction
India
Judgment Date
27 March 2001
Procedural Posture
Civil Appeal / Final Supreme Court Decision
Outcome
appeals dismissed
Legal Topics
Eviction, Demolition and Reconstruction, Additional Accommodation
Rent Control Property Law Eviction Demolition and Reconstruction Additional Accommodation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

B. Kandasamy Reddiar

Appellant

S. Balakrishnan

Appellant

V. Prabhakar

Appellant

O. Gomathi Ammal

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Decision

Legal Issues

  1. 1 Whether landlady can exclusively obtain a decree under Section 10(3)(c) of the Tamil Nadu Buildings (Lease & Rent Control) Act, 1960 when relief under Section 14(1)(b) was not pressed
  2. 2 Validity of amendment to raise alternate ground of additional accommodation under Section 10(3)(c)
  3. 3 True meaning of 'building' under Section 10(3)(c) of the Act

Ratio Decidendi

Sections 14(1)(b) and 10(3)(c) are independent; a landlord can pursue additional accommodation under Section 10(3)(c) even if relief under Section 14(1)(b) is not pressed. The inclusive definition of 'building' allows landlords occupying part of a building to seek relief, as the statutory context demands a flexible interpretation. Landlady's requirement was held to be bona fide, and advantage outweighs tenant's hardship.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed.
  • Costs on parties.