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1994 Supreme(Ker) 240

K.P.BALANARAYANA MARAR, K.K.USHA
Thomas John – Appellant
Versus
Kochammini Anima – Respondent


Judgment :-

Balanarayana Marar, J.

Revision is directed against the judgment of Rent Control Appellate Authority, Additional District Judge, Ernakulam in R.C. A.20/91. That was an appeal against the order of the Rent Control Court, Ernakulam in R.C.P. 5/86 filed by respondents 1 to 4 (hereafter referred to as 'landlords') against deceased 5th respondent (hereafter referred as tenant) and revision petitioner who is alleged to be in possession on the strength of a sublease or transfer by the tenant. The original lease was admittedly in favour of the tenant and the subject matter of the lease is a residential-cum-scooter workshop situated at Valanjamabalam at Ernakulam in Cochin Corporation. The landlords sought eviction on the ground of sublease, bonafide occupation for respondents 2 to 4 and reconstruction. A business under the name and style "Tyre Resoles (India)" was conducted by the tenant. By Al letter dated 10-5-60 the tenant informed the first respondent that he had closed down the business and was intending to start a new business in the name "Scooter Garage". By Ext. A2 letter dated 10-7-1966 the first respondent was informed that the tenant had started the new business and r
































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