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2001 Supreme(Ker) 209

T.M.HASSAN PILLAI, P.K.BALASUBRAMANYAN
Sadanandan – Appellant
Versus
Pradeepan – Respondent


Judgment :-

P.K. Balasubramanyan, J.

Respondent No. 5 in R.C.P. 31 of 1994 on the file of the Rent Control Court, Kuthuparamba is the petitioner in this revision filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act. The landlord of the building, respondent No.1 herein, filed the application for eviction under sub-ss.(2), (4)(i), 4(ii) and (4)(v) of S.11 of the Act. The application was allowed by the Rent Control Court by ordering eviction under sub-ss.(2), (4)(i) and 4(v) of S.11 of the Act. An appeal filed by the revision petitioner herein, who was found to be a sub-tenant by the Rent Control Court, was dismissed by the Appellate Authority. It is challenging the decision of the Appellate -Authority that this revision is filed by the person found to be a sub-tenant.

2. The building belonged to one Dr. Vijayan. It was let out by Dr. Vijayan under Ext. A2 Kychit to one Kumaran, the predecessor in interest of respondents 1 to 4 before the Rent Control Court. It appears that the building was sublet by Kumaran to the present revision petitioner, impleaded as respondent No. 5 before the Rent Control Court. Dr. Vijayan thereupon issued a notice, Ext. A4, dated 3.10.1986 in











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