LAWS(KER)-2017-3-250

VADAKARA CO-OPERATIVE CONSUMER STORES Vs. KOROTH REGHUNATH

Decided On March 29, 2017
Vadakara Co-Operative Consumer Stores Appellant
V/S
Koroth Reghunath Respondents

JUDGEMENT

(1.) This revision petition is filed by the tenant in a Petition filed under section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 ( "the Act" for brevity ).

(2.) For the sake of clarity, the parties shall be referred to as "landlord"or "tenant", as the case may be, or as they figured in the Rent Control Petition .

(3.) The landlord/petitioner in his petition pleaded that his daughter, Smeara, a qualified medical practitioner, was living with him. The petition schedule shop rooms owned by him were leased out to the tenant, which is a Co-operative Society. The shop rooms are situated adjacent to the residential home of the petitioner. Smeara, being a dependant, requires the shop rooms to commence a consultation facility with a clinical laboratory, pharmacy and patients waiting room. He asserted that the need is bona fide and there are no debilitating factors which prevent him or the dependant from seeking eviction.