S.R. BABU versus T.K. VASUDEVAN AND ORS.

S.R. BABU versus T.K. VASUDEVAN AND ORS.

Where landlord is in occupation of part of the building and tenant occupies another part, the proper provision is section 11(8). Once bona fide requirement for additional accommodation is shown, landlord may utilize it as is or after necessary repairs or alterations. However, a finding under the first proviso to section 11(10) regarding comparative hardship must be recorded.

Parties
Appellant: S.R. Babu; Respondent: T.K. Vasudevan; Respondents: Others
Jurisdiction
India
Judgment Date
04 September 2001
Procedural Posture
Civil Appeal / Appeal From High Court Judgment, Remand to Rent Controller
Outcome
appeal allowed, case remanded
Legal Topics
Eviction, Bona Fide Requirement, Reconstruction, Distinction Between Section 11(3) and 11(8), Kerala Buildings (lease and Rent Control) Act, 1965
Landlord and Tenant Rent Control Eviction Bona Fide Requirement Reconstruction Distinction Between Section 11(3) and 11(8) Kerala Buildings (lease and Rent Control) Act, 1965

Case Brief

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Parties

S.R. Babu

Appellant

T.K. Vasudevan

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment, Remand to Rent Controller

Legal Issues

  1. 1 Whether landlord's requirement for additional accommodation falls under section 11(3) or 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965
  2. 2 Whether landlord is entitled to possession if he intends to reconstruct the premises for personal use
  3. 3 Whether proper findings were recorded under the first proviso to section 11(10)

Ratio Decidendi

Where landlord is in occupation of part of the building and tenant occupies another part, the proper provision is section 11(8). Once bona fide requirement for additional accommodation is shown, landlord may utilize it as is or after necessary repairs or alterations. However, a finding under the first proviso to section 11(10) regarding comparative hardship must be recorded.

Court Disposition

appeal allowed, case remanded

Orders

  • Case remanded to Rent Controller to consider whether requirement of first proviso to section 11(10) is satisfied and to record a finding thereunder after hearing parties.
  • Eviction petition to be decided based on such finding and in accordance with law.