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2001 Supreme(Ker) 102

Fathima – Appellant
Versus
Saidali Bafakhy – Respondent


Judgment :-

P.K. Balasubramanyan, J.

All these Civil Revision Petitions filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act arise from R.C.P. 45 of 1982 filed by the landlords of a building, hereinafter referred to as the landlord, though they are two in number. The claim was for eviction under sub-ss.2, 3 and 4(1) of S.11 of the Act. The application was resisted by the tenant and by the alleged sub-tenants The Rent Control Court refused to order eviction under sub-ss.3 and 4(1) of S.11 of the Act, but granted an order for eviction under S.11(2) of the Act. There was no appeal by the tenant But, the landlords filed R.C,A.189 of 1990 before the Rent Control Appellate Authority under S.18 of the Act. The Appellate Authority, on a reappraisal of the materials, confirmed the order of the Rent Control Court disallowing eviction under S 11(4)0) of the Act But the Appellate Authority, reversing the finding of the Rent Control Court found that the bonafide need set up by the landlord was established and ordered eviction under S.11(3) of the Act. Feeling aggrieved by the order for eviction under S, 11(3) of the Act, the tenant has filed C.R.P. 741 of 1992. Feeling aggrieved










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