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2002 Supreme(Ker) 63

K.S.RADHAKRISHNAN, K.A.MOHAMMED SHAFI
Allied Traders – Appellant
Versus
The Cochin Oil Merchants Association – Respondent


Judgment :-

K.S. Radhakrishnan, J.

First revision petitioner is a partnership firm and others are its partners. The firm is doing business on commission basis in the sale and export of spices. Respondent herein is a company owning a double storied building in Jew Town, Mattancherry. They purchased the building in 1972. Revision petitioners were in occupation of the tenanted premises prior to that. A portion of the ground floor as well as the first floor of the building belongs to and is in the possession of the respondent company. Earlier R.C.P. 177/81 was preferred by the landlord for eviction of the revision petitioners which was later compromised. The claim for eviction was abandoned on the revision petitioners agreeing to pay enhanced rent at the rate of Rs. 500/- per month and on agreeing to surrender a part of the backyard of the building occupied by them in exchange for being given another portion of the backyard by the landlord. A fresh rent deed was executed between the parties on 22.12.1982 incorporating the terms of the fresh tenancy. Respondent-landlord has now preferred the present Rent Control Petition under Ss.11(3) and 11(8) of the Kerala Buildings (Lease and Rent Co







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