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1986 Supreme(Ker) 24

RADHAKRISHNA MENON
KUMARAN NAIR – Appellant
Versus
DAMODARAN NAIR – Respondent


Judgment :-

1. The respondent in a petition under S.11(2) and (3) of the Kerala Buildings (Lease and Rent Control) Act, Act 2 of 1965, for short the Act, is the petitioner.

2. Before the Rent Control Court the petitioner raised the contention that be is a kudikidappukaran. The Rent Control Court therefore referred the question to the Land Tribunal and the Land Tribunal by order dated 28-6-1978, found that the petitioner is not a kudikidappukaran.

3. The Rent Control Court thereafter went into the merits of the case and found that the respondent was entitled to recover possession of the building on the ground of bona fide need and accordingly ordered eviction. In the appeal the appellate authority held that the finding of the Land Tribunal requires reconsideration and accordingly remanded the matter to the Rent Control Court for a de novo trial.

4. Aggrieved by the said order of remand, the respondent-landlord filed a revision before the District Court, Kozhikode. The learned District Judge went into the question elaborately and held that the finding of the Land Tribunal that the petitioner is not a kudikidappukaran, is unassailable. The learned District judge also found that inasmuch


















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