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1987 Supreme(Ker) 191

V.BALAKRISHNA ERADI, OZA
Nataraja Chettiar – Appellant
Versus
Sulekha Amma – Respondent


Judgment :-

1. In the light of the recent pronouncement of this Court in 1987 (1) KLT 53: AIR. 1987 (1) Supreme Court Cases 183 Aundal Ammal v. Sadasivan Pillai holding S.18(5) of the Kerala Buildings (Lease and Rent Control) Act, 1965 read with S.20 of the said Act excludes the revisional jurisdiction of the High Court u/s. 115 of the Code of Civil Procedure, the judgment of the High Court allowing the revision petition filed u/s. 115 CPC and setting aside the concurrent orders passed by the Rent Control Court the Appellate Authority and the District Court cannot be sustained. This appeal is accordingly allowed and the Decree for eviction passed by the High Court is set aside.

2. Mr. G. Viswanatha Iyer, Learned Senior Advocate appearing on behalf of the appellant has very fairly stated before us that his client is agreeable to pay enhanced rent at Rs.300/- per month for the suit premises with effect from 1st May 1987. This statement is recorded. We direct that the appellant shall be liable to pay enhanced rent at the rate of Rs.300/- per month with effect from 1st of May, 1987. Subject to the above observation and direction the appeal is allowed and the decree passed by the High Co

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