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1991 Supreme(Ker) 241

PARIPOORNAN, THULASIDAS
Arjunan – Appellant
Versus
Eranu – Respondent


Judgment :-

Paripoornan, J.

The tenant in R.C.P. No. 91 of 1987, Rent Control Court, Kannur is the petitioner in this revision. The sole respondent is the landlord. The petition schedule building is one of the three units of a bigger building. It was demised to the tenant on 10-1-1976 on a monthly rent of Rs. 35/-. The rent due fell in arrears. It was further alleged that the tenant was negligent in the use of the building and the building suffered substantial damage and its value was affected materially and permanently. Finally, the landlord contended that the available accommodation was insufficient for the comfortable residence of himself and his family and to meet the growing requirements, additional accommodation is necessary. He pressed into service S.11(8) of Act 2 of 1965. So, the petition for eviction was laid under S.11 (2),11(4) (iv) and 11(8) of Act 2 of 1965. The. tenant contested the proceedings. It was contended that the entire arrears have been deposited in court. It was further contended that the building is not in a ruinous condition. Finally, the tenant stated that there is no need of additional accommodation for the landlord.

2. The Rent Controller held that the l




















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