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2003 Supreme(Ker) 436

K.S.RADHAKRISHNAN, PIUS C.KURIAKOSE
Kammancheri Janaki – Appellant
Versus
Karattu Govindan Nair – Respondent


Judgment :-

Radhakrishnan, J.

Original tenant died. Revision petitioners are the legal heirs of the original tenant. Original landlord also died and her legal heirs are the respondents herein.

2. For the disposal of this case we may refer the parties according to their status in the rent control court. Rent control petition was filed by the landlord for eviction under Sections 11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Building was rented out to the original tenant in the year 1972 and monthly rent fixed was Rs 55/-. Tenant defaulted payment of rent from 4.6.1995. Though demand was made rent was kept in arrears by the tenant. Consequently petition was preferred under Section 11 (2) for arrears of rent. Eviction was also sought for under Section 11 (3) of the Act. Landlord's daughter-in-law by name Kususm Menon is an ayurvedic medical practitioner. She is a B.A.M.S. degree holder and has been practicing along with the petitioner. She wanted to start independent practice in a separate consultation center. Daughter-in-law has rely to upon the father-in-law who is the landlord. Father-in-law, the petitioner is conducting an ayurvedic physician who is foll




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