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2005 Supreme(Ker) 326

K.R.UDAYABHANU, R.BHASKARAN
Devammadas – Appellant
Versus
V. Ramachandran Nair – Respondent


Judgment :-

Bhaskaran, J.

This revision is filed at the instance of the landlord who sought eviction of the tenant from the tenanted premises under Ss.11(2)(b), 11(3), 11(4)(ii) and (iv) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the application under Ss. 11(2)(b), 11(3) and 11(4)(iv), while disallowed the claim under S.11(4)(ii) of the Act. In appeal, the Appellate Authority set aside the order of eviction on all the grounds and dismissed the Rent Control Petition.

2. The respondent obtained the petition schedule building from the revision petitioner/landlord as per rent deed executed in 1984. According to the landlord, the tenant did not pay any rent subsequently. She wanted to demolish the building and construct a residence-cum-commercial complex for increasing her income and for her better living. It is further stated in the Rent Control Petition that since the landlord wanted the tenant to vacate, he became inimical towards her and caused damage to the building. In the objections filed by the tenant, it was stated that the petition was not maintainable though he admitted that he was a tenant.

He disputed the rent claimed as Rs.300/-. Acco























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