DAVIS versus SEBASTIAN

DAVIS versus SEBASTIAN

The expression 'personal use' in Section 11(8) is of wide amplitude, and includes use for any business, whether expansion of existing business or starting a new business, so long as there is bona fide need; however, relief cannot be granted without the Rent Controller recording a finding on comparative hardship under the first proviso to Section 11(10).

Parties
Appellant: Davis; Respondent: Sebastian
Jurisdiction
India
Judgment Date
19 August 1999
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court in C.r.p. No.1778 of 1991 C
Outcome
Appeal allowed; judgment and order of the Division Bench set aside; case remitted to the High Court for fresh disposal.
Legal Topics
Kerala Buildings (lease and Rent Control) Act, 1965, Interpretation of 'personal Use', Comparative Hardship, Judicial Review of Eviction Orders
Rent Control Eviction Kerala Buildings (lease and Rent Control) Act, 1965 Interpretation of 'personal Use' Comparative Hardship Judicial Review of Eviction Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Davis

Appellant

Sebastian

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Kerala High Court in C.r.p. No.1778 of 1991 C

Legal Issues

  1. 1 Whether 'personal use' in Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 includes starting a new business and not merely expansion of existing business
  2. 2 Whether relief under Section 11(8) can be granted without considering comparative hardship under Section 11(10)

Ratio Decidendi

The expression 'personal use' in Section 11(8) is of wide amplitude, and includes use for any business, whether expansion of existing business or starting a new business, so long as there is bona fide need; however, relief cannot be granted without the Rent Controller recording a finding on comparative hardship under the first proviso to Section 11(10).

Court Disposition

Appeal allowed; judgment and order of the Division Bench set aside; case remitted to the High Court for fresh disposal.

Orders

  • Case remitted to Kerala High Court for fresh consideration and disposal in accordance with law
  • No costs awarded