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2003 Supreme(Ker) 509

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Bhaskaran – Appellant
Versus
Balan – Respondent


Judgment :-

1. Landlord is the writ petitioner. First respondent tenant filed an application under S.17(2) of the Kerala Buildings (Lease and Rent Control) Act complaining that the landlord is not carrying out the periodical repairs and maintenance to the building though the same was requested by the tenant. Accommodation Controller referred the matter to the Village Officer, Edakkad for verification and report. Village Officer pointed out that the tenant is conducting business in the petition schedule building E.P.XII/ 195, 196 of Edakkad Panchayat and that the building requires urgent repairs especially due to ensuing monsoon season. Accommodation Controller directed the landlord to carry out the repair and maintenance to the building within 15 days from the receipt of the said order. It was further ordered that on failure to carry out the said work within the stipulated time the tenant could repair the building at his own cost and the same could be adjusted towards rent of future months payable to the landlord.

2. Landlord aggrieved by the order of the Accommodation Controller filed a Review Petition under S.23(1)(k) of the Kerala Buildings (Lease and Rent Control) Act. It was po








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