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2002 Supreme(SC) 662

B.N.AGARWAL, R.C.LAHOTI
Nalakath Sainuddin – Appellant
Versus
Koorikadan Sulaiman – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave to appeal granted in all the petitions.

2. The suit property is a building situated within the jurisdiction of Rent Control Court of Kozhikode. The plan of the property shows that it is a shop with openings on two sides. Though the property is one, however, it has been numbered by the local authority by assigning two Door Nos., i.e. Door No. 6/481 and 6/482. The small corner of the shop situated between the openings on the two sides has been assigned No. 6/482 while the remaining entire shop is assigned Door No. 6/481. The property was owned by Kunhilakshmi alias Leelamma and others and held on tenancy by Nalakath Sainuddin, the appellant, on a monthly rent of Rs. 65/-, the tenancy being a single tenancy for Doors Nos. 6/481 and 6/482. The tenancy had commenced in the year 1969. Sometime in the year 1972, Door No. 6/482 was sublet by the appellant to the respondent Koorikadan Sulaiman on a monthly rent of Rs. 100/-. On 12.9.1988, the respondent purchased the entire property (i.e. including both the Doors) from the then owners of the property. The respondent then served a notice on the appellant calling upon him to surrender possession over the property











































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