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1989 Supreme(Ker) 384

KRISHNAMOORTHY
Krishnan – Appellant
Versus
Gomathy Amma – Respondent


Judgment :-

1. The revision petitioner is the tenant of a building and the respondent is the landlord. Eviction petition was filed by the landlord on the ground of arrears of rent, for bona fide need and on the allegation that the tenant has already in his possession a building reasonably sufficient for his requirements, in the same city. In the heading to the petition only S.11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter called the Act were mentioned. The parties went to trial, evidence was adduced and ultimately on 5-12-1986 a compromise petition dated 1-12-1986 was filed by the parties containing the following terms:

1) The landlord's son has secured a Government job and there is no need of the petition schedule building.

2) The arrears of rent due to the landlord is Rs.8,500/- and tenant shall pay the arrears at a rate of Rs.250/-per month along with another Rs.250/- as rent for the current months.

3) If two consecutive defaults are made in payment of arrears of rent, the landlord shall be entitled to evict the tenant from the building, treating the balance arrears as arrears of rent.

4) The tenant shall be entitled to continue in posse







































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