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september 2001

Supreme Court of India · 2001-09-26

KIZHAKKAYIL SUHARA vs MANHANTAVIDE ABOOBACKER(D) BY LRS.&ANR.

Citation / case number
SC 1996/77149
Court
Supreme Court of India
Petitioner
KIZHAKKAYIL SUHARA
Respondent
MANHANTAVIDE ABOOBACKER(D) BY LRS.&ANR.
Bench
SYED SHAH MOHAMMED QUADRI & S.N. PHUKAN

Judgment text excerpt

The Supreme Court upheld the eviction order under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, affirming that a landlord can seek possession if they bona fide need the premises for their own occupation or for a dependent family member. The Court emphasized that the need must be genuine and that the landlord's family member must be shown to be dependent. The appeal by the tenants was dismissed, confirming the lower courts' findings of bona fide need.

KIZHAKKAYIL SUHARA vs MANHANTAVIDE ABOOBACKER(D) BY LRS.&ANR. · Niyam