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2007 Supreme(Ker) 546

K.BALAKRISHNAN NAIR, K.T.SANKARAN
A. S. Parvathy Krishnan – Appellant
Versus
Joseph Alias Jose – Respondent


Judgment :-

Sankaran, J.

The landlord is the revision petitioner. She filed the Rent Control Petition before the Rent Control Court, Thrissur under Sections 11(2)(b), 11(3), 11(4)(iii) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the petition under Section 11(4)(iii) and dismissed the petition under Sections 11(2)(b), 11(3) and 11(8) of the Act. The tenant filed an appeal before the Appellate Authority challenging the order under Section 11(4)(iii). The landlord filed a Memorandum of Cross Objection challenging the findings of the Rent Control Court under Sections 11(2)(b), 11(3) and 11(8). The Appellate Authority allowed the appeal filed by the tenant and dismissed the Memorandum of Cross Objection filed by the landlord. Thus the Rent Control Petition stood dismissed.

2. The parties are referred to in the rank in, which they are arraigned in the Rent Control Petition. The petition schedule building was let out to one Mathew, the predecessor-in-interest of the respondents. The first respondent is his widow and respondents 2 to 8 are the children of Mathew. The lease was in the year 1968 fixing a monthly rent of Rs.30/-. The rate of re





































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