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december 1997

Supreme Court of India · 1997-12-11

S.J. EBENEZER vs VELAYUDHAN & ORS.

Citation / case number
SC 1996/80572
Court
Supreme Court of India
Petitioner
S.J. EBENEZER
Respondent
VELAYUDHAN & ORS.
Author
K.Venkataswami
Bench
K. VENKATASWAMI A.S. ANAND

Judgment text excerpt

The Supreme Court upheld the dismissal of the landlord's eviction petition under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, finding no willful default in rent payment by the tenant and no bona fide need for eviction by the landlord. The Court emphasized that the landlord's claim of immediate threat of acquisition was not substantiated, and the previous dismissal of a similar eviction application against the tenant's brother indicated mala fides. The Court affirmed the lower courts' findings, thereby rejecting the landlord's appeal.

S.J. EBENEZER vs VELAYUDHAN & ORS. · Niyam