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2002 Supreme(Ker) 268

D.P.MOHAPATRA, BRIJESH KUMAR
John Chandy And Co. (P) Ltd. – Appellant
Versus
John P. Thomas – Respondent


Judgment :-

1. Leave granted.

2. The appellant in this appeal has impugned the judgment and order dated 26.6.2001 passed by the Kerala High Court, allowing the civil revision preferred by the respondent-landlord, setting aside the appellate order and holding that the Rent Controller was justified in passing an order of eviction of the tenant-appellant under S.11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

3. The facts which do not admit of dispute are that the accommodation in uestion originally belonged to the grand father of the present respondent, who died in the year 1953. It came down to the father of the respondent who also died some time in 1976. The property ultimately came to the respondent. In the year 1949 Shri. P. George, grandfather of the respondent rented out the premises to the appellant-company which was sub-let to different sub-tenants from time to time. The respondent gave notice to the appellant on 17.11.1981 to terminate the sub-lease arrangements but the tenant failed to comply with the notice. Ultimately John P. Thomas-respondent filed R.C.P. No. 16 of 1982 in the Court of Rent Controller, Kottayam. The eviction was sought on the ground th



















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