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1987 Supreme(Ker) 504

K.T.THOMAS
JOSEPH – Appellant
Versus
THOMAS – Respondent


Judgment :-

1. As per the second proviso to S.11(1) of the Kerala Buildings (Lease and Rent Control Court) Act, 1965 (for short 'the Act'), when Rent Control Court records a finding that denial of landlord's title is bona fide, it is for the landlord to sue for eviction of the tenant in a civil court on any of the grounds mentioned in the Section. In this case, a Rent Control Court recorded a finding that denial of landlord's title is bona fide. The landlord, instead of filing a civil suit, preferred an appeal before the Appellate Authority and got the aforesaid finding set aside. But the District Court, in revision, restored the finding of the Rent Control Court. This Original Petition is at the instance of the landlord under Art.227 of the Constitution, in challenge of the District Judge's order.

2. The facts, shorn of unnecessary details, are the following: The petitioner is the son of one Joseph who is the son of one Kurien. In 1960 the aforesaid Kurien settled his properties in favour of his children. As per the settlement deed, the tenanted building (together with the land appurtenant thereto) was set apart to the share of Joseph (petitioner's father). The settlement deed furt









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