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1997 Supreme(Ker) 394

P.K.BALASUBRAMANYAN
George – Appellant
Versus
Narayani – Respondent


Judgment :-

P.K. Balasubramanyan, J.

The petitioner, a tenant of a building within the meaning of the Kerala Buildings (Lease & Rent Control) Act, hereinafter called, the Act, was ordered to he evicted under S.11(4)(iv) of the Act. While ordering eviction, the Rent Control Appellate Authority had also indicated the right of the tenant to have the statutory option of having the re-constructed building let out to him on fair rent. The order provided for surrender of the building by the tenant within a time fixed and for reconstruction to be effected by the landlord. The tenant did not comply with the direction in the order but compelled the landlord to initiate proceedings in execution for getting possession of the building. After reconstruction, according to the tenant, the building was not let out to him by the landlord. The tenant thereupon moved the executing court for getting possession of the reconstruction building from the landlord. An objection was raised on behalf of the landlord that the right available to the tenant to have the re-constructed building let out to him on fair rent is not executable under S.14 of the Act. The executing court overruled that contention by findi







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