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2004 Supreme(Ker) 43

K.BALAKRISHNAN NAIR
John – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.Balakrishnan Nair.

The petitioners challenge two orders of the Government, granting exemption from the operation of certain provisions of the Kerala Building Rules and also the building permit granted on the basis of those orders in favour of respondents 5 and 6. The brief facts of the case are the following:

2. The petitioners are the tenants of a building jointly owned by respondents 5 and 6. The said respondents have filed Rent Control Petitions against them and other tenants for eviction under S.11(4)(iii) and (iv) of the Kerala Buildings (Lease and Rent Control Act, 1965. Ext. PI is the Rent Control Petition filed against the 1st petitioner, to which he has filed Ext. P2 objection. A Photostat copy of the building permit obtained by the landlords was produced a1ongwith the Rent Control Petition, as evident from the list of documents in Ext. P1. The petitioners submit, the copy of the permit was not served on them. When the case was listed for trial, the copy of the building permit was perused by the counsel for the petitioners and it was found that two Government orders were referred to in it. Ext. P3 is the copy of the building permit. On the advice of the counsel










































































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