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2003 Supreme(Ker) 149

K.S.RADHAKRISHNAN, J.M.JAMES
K. Sulaiman Sahib – Appellant
Versus
S. Mohammed Moosa – Respondent


Judgment :-

James, J.

Petitioner in I.A.No.1832/1993, who is the respondent/landlord in R.C.A.2/1993 on the file of the Rent Control Appellate Authority (1st Addl. District Judge), Palakkad, is the revision petitioner. The tenant filed the appeal, R.C.A.2/1993, challenging the dismissal of the petition, I.A.2600/1992, filed by him praying to set aside the ex parte order passed against him. As the tenant had not deposited the admitted arrears of rent, amounting to Rs.32,450/-, the landlord prayed to stop the appeal proceedings and to make an order of eviction against the tenant, under sec. 12(3) of the Kerala Buildings (Lease and Rent Control) Act, (in short "˜the Act"). The dismissal of the same is challenged in this revision.

2. The brief facts of the case, required for the disposal of this revision, are that the landlord filed R.C.P.8/1986 before the Rent Control Court, Palakkad for evicting the tenant under Sec.11(2) and 11(4) (V) of the Act. The Rent Controller passed an order of eviction after setting the tenant ex parte. I.A. 2600/1992 was filed under Rule 13(3) of the Kerala Buildings (lease and Rent Control) Rules, (in short 'the rules') to set aside the ex parte order passe





















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