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1995 Supreme(SC) 819

B.L.HANSARIA, K.RAMASWAMY
State Of Kerala – Appellant
Versus
T. K. Udaya Sankaran – Respondent


Advocates:
M.T.George, T.G.NARAYANAN NAIR

Judgment

K. RAMASWAMY, JJ.

( 1 ) THIS is a classic case of not only smack of reasonableness in pursuing the cause, but also the State to actively assist a party who flouts the law and abuses the process of the court. The case has its chequered history but eschewing the irrelevant for the purpose of petition, the material facts are that Smt. Thressia, landlady had an order of eviction under S. 11 (4) (iv) of the Kerala Buildings (Lease and Rent Control) Act for demolition and reconstruction of the demised premises against the tenant George son of Verkey. The Court ultimately decreed eviction in 1976, subject to the condition that the landlady should reconstruct the building after surrender of vacant possession by the tenant. Though the tenant had surrendered vacant possession on 21/09/1976 and the building was demolished, yet the landlady did not take any steps for reconstruction. The tenant was constrained to file a petition to direct the landlady to construct the building, but yielded to no result except prolongation. Thereafter the landladys son was set up to file O. S. No. 740 of 1977 in the District Munsif Court for an injunction restraining her from reconstruction. Finding it a





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