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2011 Supreme(SC) 478

G.S.SINGHVI, ASOK KUMAR GANGULY
Dunlop India Limited – Appellant
Versus
A. A. Rahna – Respondent


JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. These appeals are directed against judgment dated 27.7.2009 of the Division Bench of the Kerala High Court whereby the revisions filed by the appellant against the order passed by District Judge, Ernakulam (hereinafter referred to as, “the Appellate Authority”) under Section 18 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, “the 1965 Act”) were dismissed and the direction given by IIIrd Additional Munsiff and Rent Control Court, Ernakulam (for short, “the Rent Control Court”) for vacating the suit premises was confirmed.

3. A.B. Abdul Khader (predecessor of the respondents) leased out the suit premises comprised in Survey Nos.341/1 and 2 situated at Ernakulam village to the appellant for its godown and office for a period of 10 years with effect from 1.12.1966. After 2 years and about 2 months, the parties executed two lease deeds dated 3.2.1969, which were duly registered. For the sake of reference, the relevant portions of the lease deed executed in respect of Survey No.341/1 measuring 83 cents are extracted below:

“THIS DEED OF LEASE made on the Third day of February One Thousand Nine Hundred and Sixty Nin

































































































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