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1987 Supreme(Ker) 513

K.T.THOMAS
APPUKUTTAN – Appellant
Versus
RENT CONTROLLER – Respondent


Judgment :-

1. The petitioner filed an application before the Rent Control Court to set aside an ex parte order. That application was dismissed by the Rent Control Court on the ground that it was filed out of time and also on the ground that there was no sufficient cause to set aside the ex parte order. The petitioner filed an appeal, but the Appellate Authority dismissed the appeal only on the ground that the application was out of time. The petition for revision filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘the Act') was dismissed by the District Court as per Ext. P3 order. This Original Petition is under Art.227 of the Constitution challenging those orders.

2. Facts which are relevant in this Original Petition are the following: A landlord filed an application for eviction on the ground of subletting under S.11(4)(i) of the Act. The application was filed against three persons including this petitioner who is shown as second respondent. The first respondent in the said application was the tenant according to the landlord and the other respondents were the sub-tenants. Before the present petitioner entered his appearance in the Rent Control





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