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1999 Supreme(Ker) 353

P.K.BALASUBRAMANYAN, C.S.RAJAN
Davy – Appellant
Versus
Indu – Respondent


Judgment :-

C.S. Rajan, J.

The tenant who was a defaulter in payment of arrears of rent and who faced an order of eviction on account of the above default is the Revision Petitioner in the Civil Revision Petition. The respondents who are landlords filed a petition for eviction under Ss.11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). According to the landlords, the tenant was not paying the rent from 1.1.1996 onwards. Pending the trial of the petition the landlords filed LA. 455 of 1998 on 15.1.1998 under S.12 of the Act praying for a direction to the tenant to pay arrears from 1.1.1996 at the rate of Rs. 7,200/- per month till date and on failure, to stop all further proceedings and make an order directing the tenant to put the landlord in possession on failure of the deposit of arrears of rent. The Revision Petitioner filed objections to the above petition contending that the petition was not maintainable and that the rent was highly excessive and he was not legally bound to pay the same. The Rent Control Court after hearing the parties allowed the above petition as per order dated 13.7.1998 directing the Revisio

























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