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1987 Supreme(Ker) 528

THOMAS
ABDUL KHADER – Appellant
Versus
ABDULRAHIMAN MASTER – Respondent


Judgment :-

1. A tenant filed an application for review of the order passed by District Court in revision under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). That application was dismissed by the District Court. Hence the petitioner has come to this Court invoking jurisdiction under Art.227 of the Constitution.

2. Facts are these: A landlord filed an application before the Rent Control Court for an order of eviction of his tenant on different grounds, but the only ground now survives is bona fide need to reconstruct the building as per S.11(4)(ii) of the Act. Though the Rent Control Court and the Appellate Authority did not favour the landlord, he got an order from the District Court, Tellicherry in exercise of the power of revision. The order of the District Court is dated 4-2-1986. The tenant challenged the order in this Court under S.115 of the Code of Civil Procedure (for short 'the Code'). But this Court dismissed his application in the light of the decision of the Supreme Court which held that a second revision is not maintainable. (Vide Aundal Ammal v. Sadasivan Pillai, 1987 (1) KLT 53). He then filed an Original Petition under Art.227









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