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2003 Supreme(Ker) 708

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Paul – Appellant
Versus
Saleena – Respondent


Judgment :-

Radhakrishnan, J.

Would the bar under Sec. 11(9) of Act 2 of 1965 affect an application filed under Sec. 11 of the Act if the parties are governed by an unregistered lease deed is the interesting question that has come up for consideration in these cases.

2. Tenants are the revision petitioners in these cases. Petitions for eviction preferred under Sections. 11 (2) (b), 11 (4) (ii) and 11 (4) (v) were resisted by the tenants under Sec. 11 (9) of the act on the ground that where the tenancy is for a specific period agreed to between the landlord and the tenant, landlord is not entitled to apply before the Rent Control Court for an order of eviction before the expiry of that period.

3. C.R.P. No. 1628 of 1997 arises out of R.C.P. No. 2 of 1990, a petition filed by the landlord under Sections 11(2) (b) and 11(4) (ii) of the Act. Parties are governed by Ext. A2 rent agreement dated 5.9.1988. Room was let out on a monthly rent of Rs. 750/-. Rent Control Petition was filed on 3.2.1990 claiming arrears of rent under Sec. 11(2)(b) and the Rent Control Court found that tenant had committed default in payment of rent from 5.10.1988 onwards till 31.12.1990 at the rate of Rs. 750/- pe





























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