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1991 Supreme(Ker) 236

PARIPOORNAN, THULASIDAS
Subbiah Reddiar – Appellant
Versus
Chinnamma – Respondent


Judgment :-

Paripoornan, J.

The tenant in R.C.P No. 27 of 1985, Rent Controller, Ernakulam is the revision-petitioner herein. There are two respondents herein. They are the landlords of the building demised to the revision-petitioner/tenant. In this revision, we arc only concerned with the order of eviction in proceedings initiated under S.11(2), 11(3) and 11(4) (i) & (ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965. The tenant had initiated proceedings for fixation of fair rent (R.C.P. No. 189 of 1982) and the landlords had initiated proceedings for eviction of the tenant under S. 11(2) of the Act in R.C.P. No.7 of 1983 the above two petitions and R.C P. No. 27 of 1985, from which the present revision arises, were disposed of by a common order by the Rent Controller, dated 10-7-1989. We are not concerned with the legality or regularity of the proceedings in R.C.P.189/82 or R.C.P.No. 7/83, in this revision. The Rent Controller dismissed R.C.P. No. 27 of 1985. He found that the landlords/ petitioners failed to exhibit any element of need objectively in support of their plea of vacant possession of the petition schedule building. In other words, the plea of the landlord































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