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2001 Supreme(Ker) 654

CYRIAC JOSEPH, N.KRISHNAN NAIR
Krishnan Thampi – Appellant
Versus
Sankaradas – Respondent


Judgment :-

N. Krishnan Nair, J.

The landlord in R.C.P.23/1990 on the file of the Rent Control Court, Thiruvananthapuram is the revision petitioner. The revision petitioner filed the petition for eviction of the respondent/ tenant from the scheduled building under Ss.11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The Rent Control Court allowed the petition on both the grounds. Aggrieved by the order of eviction, the tenant preferred R.C.A. No. 122/1991 before the Rent Control Appellate Authority, Thiruvananthapuram. The Rent Control Appellate Authority by the impugned order set aside the order of the Rent Control Court and remitted the matter back to the court below for fresh disposal. Aggrieved by the order of remand, the landlord has come up with this appeal.

2. The petition scheduled building forms part of a line building belonging to the revision petitioner. The respondent is in occupation of the building as a tenant with effect from 1982. According to the landlord initially, the rate of rent was Rs. 200/- per mensem and it was subsequently enhanced to Rs. 250/- with effect from September, 1986. Alleging that the tenant kept the rent in arrears since 1986 a
















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