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1995 Supreme(SC) 1022

A. M. AHMADI, K. S. PARIPOORNAN, SUHAS C. SEN
Chinnammal – Appellant
Versus
Gopalan – Respondent


Advocates:
G.VISHVANATHA IYER, REVATHY RAGHAVAN, S.BALAKRISHNAN, S.PRASAD RAO, T.G.NARAYANAN NAIR

JUDGMENT

K.S. PARIPOORNAN, J.- The first respondent in OP No. 10288 of 1988, Kerala High Court - hereinafter referred to as the tenant - appeals against the judgment of the High Court dated 27-10-1994. The petitioner in the original petition - hereinafter referred to as the landlord - is the first respondent herein. The statutory authorities and other pro forma respondents in the High Court are the respondents in this civil appeal. The learned Judge of the High Court, by the judgment dated 27-10-1994, in exercise of the power under Article 227 of the Constitution, set aside the order passed by the District Judge, Palakkad in RCRP No. 6 of 1985 dated 31-7-1986 (Ext. P-3) and restored the order passed by the Rent Control Court and appellate authority rendered in IA No. 764 of 1982 in RCP (OP) No. 141 of 1977 (Ext. P-l) and RCA 68 of 1983 (Ext. P-2). The appellant-tenant was given three months time to surrender the possession of the building in question to the respondent-landlord.

2. This litigation has a chequered history. The appellant is a tenant of a residential building bearing Door No. 22/70 in Sriram Street, Moothanthara, Koppom, Palakkad Taluk under the first respondent-landlor


































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