G.B.PATTANAIK, N.S.HEGDE
Ubaiba – Appellant
Versus
Damodaran – Respondent
ORDER
1. Leave granted.
2. In this appeal the short question that arises for consideration is whether the High Court in exercise of its revisional jurisdiction under the Kerala Buildings (Lease and Rent Control) Act, 1965 could have interfered with the finding of the appellate authority by reappreciating the evidence on record. The appellant landlord filed the application for eviction and payment of rent alleging that the tenant was in arrears of rent from 26-1-1990. The respondent tenant took the stand that there does not exist any relationship of landlord-tenant between the parties and therefore the application is not maintainable. The Controller on consideration of the evidence placed before him came to the conclusion that there does not exist any relationship of landlord-tenant between the parties and accordingly dismissed the application without going into the question as to the alleged arrears of rent. The landlord carried the matter in appeal and the appellate authority reappreciated the evidence on record and came to hold that there exists a relationship of landlord-tenant between the parties. But as there was no finding of the Controller on the question of quantum of rent he
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