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2007 Supreme(Ker) 492

K.BALAKRISHNAN NAIR, HARUN-UL-RASHID
George Pylee – Appellant
Versus
K. K. Sabu – Respondent


Judgment :-

Harun-Ul-Rashid, J.

The revision petitioner herein is the respondent in RCA 67/2002 on the files of the Vth Addl. District Court, Ernakulam and the counter petitioner in RCP 52/1999 on the files of the Rent Control Court, Ernakulam. The Rent Control Petition was filed for eviction under sec. 11 (3), 11(4)(i) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act (for short, the Act). The petition was dismissed by the Rent Control Court on all the grounds. In the appeal filed by the landlord, the Appellate Authority reversed the finding of the Rent Controller under sec. 11(3) and confirmed the order under sec. 11(4)(i) of the Act. The Appellate Authority also noted that the ground under sec. 11(4)(ii) though raised was not considered, since it was not pressed. This revision petition was filed by the tenant being aggrieved by the order of eviction passed under sec. 11(3) of the Act. The parties are hereafter referred to as the landlord and the tenant.

2. The brief facts leading to the passing of the impugned order are as follows:

The landlord's grandfather who was the original landlord let out the petition schedule building to the tenant on 1.10.1990 on a monthly
















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