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1991 Supreme(Ker) 380

VARGHESE KALLIATH, MANOHARAN
Gouthaman – Appellant
Versus
Lohithakshan – Respondent


Judgment :-

Manoharan, J.

This is a petition to receive two documents as additional evidence. Respondent has filed counter affidavit.

2. Revision petition is by the respondents in R.C.P. 49 of 1986 against the judgment of the appellate authority reversing the order of the Rent Controller refusing eviction under S.11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the act'). Petitioners denied the allegation of the respondent - landlord that he bona fide needs the petition schedule building for the occupation of his dependant son PW-2. Petitioners also maintained that the respondent is in possession of other shop rooms. The Rent Controller on the basis of Ext. A2 found that the land-lord is in possession of a shop room. The said finding was reversed by the appellate authority.

3. Petitioners aver that the two documents sought to be admitted in evidence would show that, as a matter of fact the landlord had obtained possession of the said room pursuant to the order in R.CP. 25/1984 and that the landlord instituted the said petition for eviction of the tenant of the eastern shop room and obtained delivery. Document No.1 produced along with petition is the copy of









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