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1990 Supreme(Ker) 385

RAMAKRISHNAN, U.L.BHAT
Gracy kutty – Appellant
Versus
Vasudevan – Respondent


Judgment :-

Bhat, J.

Respondent herein is a tenant occupying a shop room belonging to the revision petitioner. Revision petitioner originally filed RCP 33 of 1975 before the Rent Control Court, Kayamkulam seeking eviction of the tenant from the premises on the ground that the premises is needed for reconstruction under S.11(4)(iv) of the Kerala Act 2 of 1965. The case was transferred to the file of the Rent Control Court, Chengannur because of personal embarrassment of the Rent Controller, Kayamkulam. It was re-numbered as R.C.P. 15 of 1977. The Rent Controller dismissed the eviction petition. However, the appellate authority, in an appeal filed by the land-lord, reversed the decision and allowed eviction on the ground sought for. This order was confirmed by the District Court in revision and by this Court in a second revision, the order of this Court having been passed on 1-4-1980. This Court granted two month's time to the tenant to vacate the premises and directed the land-lord to reconstruct the building within one year from the date of surrender. This Court also held that the tenant has a first option to take a room on fair rent. The premises was surrendered on 2-6-1980. It was











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