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1987 Supreme(Ker) 460

G.VISWANATHA.IYER
NARAYANAN – Appellant
Versus
RENT CONTROLLER – Respondent


Judgment :-

The fourth respondent landlord, filed an application for eviction of the petitioner from a building in his occupation, on the ground of bona fide need for reconstruction, under S. II (4) (iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act). The petition was filed on 14-8-1969 prior to the commencement on 1-1-1970 of the Kerala Land Reforms (Amendment) Act, 1969. According to the landlord, the petitioner-tenant bad been inducted into possession of the building on 15-7-1953 as per the rent deed Ext. Al. executed by the petitioner to the fourth respondent's mother.

2. The tenant-petitioner contended inter alia that he bad been put in possession of the building with 22 cents of adjacent property, that he had made improvements to the building in the first instance, and subsequently reconstructed it, and that therefore, it did not need reconstruction.

3. When the petition came on for trial, the petitioner remained ex parte. On the basis of the evidence adduced on the side of the landlord, the petition was allowed and eviction ordered. The petitioner was directed to put the fourth respondent-landlord in possession of the building for reconstructio























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