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2005 Supreme(Ker) 745

K.T.SANKARAN, R.BHASKARAN
Paulina Joseph – Appellant
Versus
The Idukki District Wholesale Co-operative Consumer Stores Ltd. – Respondent


Judgment :-

Sankaran, J.

The revision petitioner/landlord leased out the petition schedule building on 1.3.1984 to the respondent, the Idukki district Wholesale Co-operative Consumer Stores Ltd., on a monthly rent of Rs.750/-. The building was taken by the tenant for the specific purpose of conducting a provision store under the name and style “Priya Department Stores” at Thodupuzha. The landlord alleged that rent was kept in arrears and that the tenant ceased to occupy the building for a continuous period of three years since December 1991. Without any reasonable cause. It was contended that the building was not even opened by the tenant for any purpose and that it was not occupied by the tenant. The landlord also stated in the Rent Control Petition that the respondent Society ran into huge loss and that it was incapable of revival. On these allegations the Rent Control Petition was filed under Section 11(2) (b) and Section 11(4) (v) of the Kerala Buildings (Lease and Rent Control) Act.

2. We are not concerned with the ground under Section 11(2) (b) in this revision since that ground was not pressed by the landlord at the time of hearing of the Rent Control Petition. The tenant cont

































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