BHASKARAN NAMBI T K Vs. PUTHIYOTTIL SURESH BABU

JUDGEMENT

(1.) A short but interesting question has cropped up for consideration in this case.

(2.) Can the claim for eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 be turned down on the ground that the need projected by the landlord in the pleadings is not only for his own occupation but that of his spouse as well In other words, the question is whether a landlord can project a "joint need" of his own and that of his spouse in the eviction petition under Section 11(3) of the Act.

(3.) Before we deal with the above question it will be appropriate to refer to the facts of the case briefly.