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Supreme Court of India 2020-06-08 allowed

Addissery Raghavan vs Cheruvalath Krishnadasan

Bench: 3 — R.F. Nariman, Navin Sinha, B.R. Gavai

In Brief

A landlord sought eviction of a tenant occupying two shop rooms, citing bonafide requirement for additional space under the Kerala Rent Control Act. The trial court granted eviction. The Appellate Authority reversed, finding vacant rooms available to the landlord and holding that comparative hardship to the tenant outweighed the landlord's advantage. The High Court reinstated the trial court's order. The Supreme Court allowed the appeal, holding that the High Court exceeded its revisional jurisdiction by reappreciating evidence and substituting findings without showing perversity. The Appellate Authority's findings on vacant room availability and comparative hardship were valid and could not be interfered with.

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Landlord and Tenant Law Rent Control Revisional Jurisdiction Eviction Comparative Hardship Civil Procedure

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