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2005 Supreme(SC) 1075

R. C. LAHOTI, P. K. BALASUBRAMANYAN
G. Reghunathan – Appellant
Versus
K. V. Varghese – Respondent


P.K. Balasubramanyan, J.

Leave granted.

1. The tenant is before us. He is the tenant of a building governed by the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter called "the Act"). He took on rent a room in the building belonging to the respondent-landlord. He executed an unregistered, insufficiently stamped rent deed on 5.9.1988 which was accepted by the landlord. He entered into possession thereunder. The lease was taken for the purpose of conducting a gold and silver jewellery shop. As per the rent deed, the term of the lease was 15 years. The rent payable was Rs.750/- a month. A sum of Rs.85,000/- was given to the landlord as security. That amount was to be returned to the tenant when he vacated the room. The monthly rent of Rs.750/- was to be paid by the 5th of the succeeding month. The tenant was given the right to install electrical fittings and to take water and telephone connections. He had the right to install all necessary instruments or equipments in the room for the purpose of gold and silver business.

2. Disputes seem to have arisen immediately thereafter. The tenant did not tender the rent that fell due on 5.10.1988. He removed a door and three windows


















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