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1989 Supreme(Ker) 241

THOMAS
Ali – Appellant
Versus
Vasudevan – Respondent


Judgment :-

1. While proceedings in a Rent Control Court for eviction of a tenant were pending, the landlord informed the court that the tenant has not deposited the admitted arrears of rent and hence requested the court to stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building. The tenant, in answer thereto, contended that he is not liable to pay the contract rent in view of S.8(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short'the Act'). He further contended that if rent is calculated in accordance with S.8(2) of the Act, the amount already deposited by him will be much more than sufficient to cover his legal obligation under S.12(1) of the Act. The Rent Control Court repelled his contention and directed him to deposit the arrears as calculated on the basis of contract rent. But the appellate authority as well as revisional authority upheld the contention of the tenant. The orders of the aforesaid two authorities are now being challenged in this Original Petition filed under Art.227 of the Constitution.

2. In the application filed by the landlord for eviction of the tenant on two specified ground









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