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2001 Supreme(Ker) 147

KURIAN JOSEPH, K.K.USHA
Kuttan – Appellant
Versus
Fathima – Respondent


Judgment :-

Kurian Joseph, J.

The dispute between landlord and tenant in this case centres round the interpretation of S.13 of the Kerala Buildings (Lease & Rent Control) Act, 1965 thereinafter referred to as 'the Act'). The third respondent-tenant in the Original Petition is the appellant. The Original Petition was filed challenging Ext. P3 order passed by the 2nd respondent-Accommodation Controller as confirmed in Ext. P4 order passed by the 1st respondent-Accommodation Control Appellate Authority. The 3rd respondent who is a tenant of the petitioners approached the 2nd respondent as per Ext. R3(b) petition under S.13 of the Act, for a direction to the writ petitioners "to restore within a specified period the way on the southern side of the leased property for the purpose of entry from the leased property to the petitioner's property and also for restoring the pipeline and the sewer " The impugned order Ext. P3 is passed on that petition. The 3rd

respondent filed Ext. R3(b) when according to him the amenity of an entry from the leasehold premises to the 3rd respondent's own premises, which was used by him ever since the tenancy, was blocked by the writ petitioners by constructing





















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