A doctor's plea to have his tenant vacated so as to begin a clinic cannot be turned down citing that he is practising from another consulting room attached to the house, ruled the Kerala high court. The ruling was given by a division bench comprising of justices KT Sankaran and P Ubaid after considering a revision petition filed by the tenants, KC Mathew and KC James of Moolepat Stationery at SM Street in Kozhikode. A revision petition filed by the landlady, D Aruna, wife of Dr Raja Venkittaraman of Chalappuram, was also considered by the court.
The eviction of tenants was sought by the landlady projecting the need of her husband to start a clinic. It was pointed out that her husband has been ordered by a rent control court to vacate the premises where he was running a clinic and he now needs the place rented out by Aruna to begin a dental clinic.
On December 20, 2010, the rent control court granted eviction, finding that the landlady's need is bona fide and that the tenants have acquired buildings, which are reasonably sufficient to run their business.
However, considering an appeal, rent control appellate authority (district court) of Kozhikode held that there is a consultation room that is attached to her father-in-law Dr Venkittaraman's building, which is adjacent to her house. If at all the landlady's husband wants to start a clinic, the consultation room can be used as a clinic, the appellate authority held.
Ruling that the appellate authority erred in its decision, the high court pointed out that the consulting room adjacent to the landlady's house is in possession of late Dr Venkittaraman's wife and has a separate building number. The landlady and her husband reside in a separate building, though adjacent, the court said.
The high court held, "There is much difference between a clinic and a house consultation room. So far as a doctor is concerned, house consultation is part of his service, whereas clinic or hospital will always be part of his profession. Just because a doctor has a consultation room attached to his house, his right or determination to start a clinic or hospital of his own at some other place cannot be disputed or questioned by anybody."
Article referred: http://timesofindia.indiatimes.com/City/Kochi/Consulting-room-at-home-not-same-as-clinic/articleshow/36264368.cms
The eviction of tenants was sought by the landlady projecting the need of her husband to start a clinic. It was pointed out that her husband has been ordered by a rent control court to vacate the premises where he was running a clinic and he now needs the place rented out by Aruna to begin a dental clinic.
On December 20, 2010, the rent control court granted eviction, finding that the landlady's need is bona fide and that the tenants have acquired buildings, which are reasonably sufficient to run their business.
However, considering an appeal, rent control appellate authority (district court) of Kozhikode held that there is a consultation room that is attached to her father-in-law Dr Venkittaraman's building, which is adjacent to her house. If at all the landlady's husband wants to start a clinic, the consultation room can be used as a clinic, the appellate authority held.
Ruling that the appellate authority erred in its decision, the high court pointed out that the consulting room adjacent to the landlady's house is in possession of late Dr Venkittaraman's wife and has a separate building number. The landlady and her husband reside in a separate building, though adjacent, the court said.
The high court held, "There is much difference between a clinic and a house consultation room. So far as a doctor is concerned, house consultation is part of his service, whereas clinic or hospital will always be part of his profession. Just because a doctor has a consultation room attached to his house, his right or determination to start a clinic or hospital of his own at some other place cannot be disputed or questioned by anybody."
Article referred: http://timesofindia.indiatimes.com/City/Kochi/Consulting-room-at-home-not-same-as-clinic/articleshow/36264368.cms
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