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1992 Supreme(Ker) 222

SREEDHARAN
Narayana Pillai – Appellant
Versus
Joseph Mathai – Respondent


Judgment :-

This is a petition under Article 227 of the Construction. Petitioner challenges Exhibit PS order passed by the revisional authority under the Kerala Buildings (Lease & Rent Control) Act, hereinafter referred to as "the Act".

2. Respondents 1 to 4 were the owners of a building occupied by the petitioner. The building consisted of a row of rooms. The western-most room of that building was leased out to the petitioner. Landlords initiated proceedings under the Act as R.CO.P.12/1983 for recovering the shop room invoking the provisions contained in S.11(4)(iii) and 11(4)(iv) of the Act. Exhibit P1 is the petition filed before the Rent Control Court. The property schedule to that petition was the western-most room of a building with 5 rooms facing Thodupuzha - Velliamaltam Road, bearing Door No. 197 of Ward XXI of Thodupuzha Municipality.

3. While proceedings under the Act were pending, Municipal authorities issued notice under S.250(2) of the Kerala Municipalities Act requiring the occupants and the owners to demolish the building to prevent danger to human lives, since the building was in a dilapidated condition. On receipt of the notice from the Municipal authorities, petiti









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