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2005 Supreme(Ker) 80

K.A.ABDUL GAFOOR, R.BASANT
Thankamma Mathew – Appellant
Versus
Ravi Mathew – Respondent


Judgment :-

Basant, J.

The common landlords are the revision petitioners in these petitions. Some of the legal heirs of the deceased tenants are the respondents. These cases have had a chequered history by now. Proceedings commenced as early as in 1967 by the landlords filing applications against all their tenants in a common building under Sections 11(3) and 11 (4) (iv) of the Kerala Building (Lease and Rent control) Act (hereinafter referred to as ‘the Act’). Eviction was ordered both under Section 11(3) and 11(4)(iv). The tenants preferred appeals before the Appellate Authority. The Appellate Authority confirmed the direction under Section 11 (4)(IV) and set aside in direction under Section 11(3). Both parties preferred revisions before the District Court, the then revisional authority. The District Court confirmed the order of the Appellate Authority. Thereupon revision petitions were filed before this Court. The order under Section 11(4) (iv) was upheld. Execution was taken out. The order in the execution petition directing surrender was also challenged. To cut a long story short, the surrender of the building was effected by the tenants on 1.8.1991. The landlords effected reco












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