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2003 Supreme(Ker) 51

S.SANKARASUBBAN, K.K.DENESAN
Jose – Appellant
Versus
Co-operative Stores Ltd. – Respondent


Judgment :-

1. Landlord is the revision petitioner. Rent Control Petition was filed under S.11 (2)(b),11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). According to the petitioner, the petition schedule room was obtained by the petitioner under document No. 207/85 from his father. The respondent had taken the premises on lease from the father of the petitioner on a monthly rent of Rs. 250/-. After the assignment in favour of the petitioner, the matter was duly intimated to the tenant. The tenant then attorned to him. The petitioner needs the petition schedule room for his bona fide occupation. He intends to start business in cold storage. The petitioner has no other building in his possession and he was to start the business for earning his livelihood. The petitioner has made preliminary arrangements for starting the cold storage business. It is alleged that the tenant is guilty in keeping the rent in arrears. Further the respondent has acquired another building, where it can conduct business.

2. The petition was resisted by the tenant. The Rent Control Court came to the conclusion that the rent has been kept in arrears







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