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2003 Supreme(Ker) 78

K.K.DENESAN, S.SANKARASUBBAN
Unni Vacco – Appellant
Versus
Thankamma Gregory – Respondent


Judgment :-

Sankarasubban, J.

Petitioner is the tenant. Revision is filed against the judgment in R.C.A No.19 of 2002 of the District Court Ernakulam. The District Court confirmed the order of eviction under section 11(3), 11(4)(i) and 11(4)(iii) of the Kerala buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). The order of eviction passed by the rent Control court under Section 11(4)(vi) was set aside. It is against that the present revision is filed.

2. We shall refer to the array of parties as in Rent Control petition. The first petitioner is the mother of the second petitioner. The second petitioner is of unsound mind and is represented by guardian, his wife. The Rent Control Petition was filed for evicting the first respondent, who took the building on rent. According to the petitioners, the building as been subleased in favour of respondent 2, 3 and 4. It is further stated that second petitioner needs the building for his own occupation. The other grounds urged are that the tenant as got another building in his possession.

3. The main case submitted by the petitioners is that the second petitioner is unsound mind. In the present building, he is stayi








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