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1986 Supreme(Ker) 253

T.KOCHU THOMMEN
P. JOHN ZACHARIA & CO. – Appellant
Versus
ITTYCHERIAH – Respondent


Judgment :-

1. The defendant in a suit for arrears of rent and accounts is the appellant. The suit was decreed by both the courts. The claim for arrears is in respect of a building which had been let out to the defendant by the plaintiff under Ext. Al indenture of lease dated 25-3-1955. The lease provided for a period of 10 years subject to renewal for another period of 10 years. The rent payable for the first period was at Rs. 3.000/-per year and for the subsequent period at Rs. 3.600/- per year. The tenant continued in occupation of the building for both the periods and subsequently. The second period expired on 30-6-1975. On 31-8-1975 proceedings were initiated under the Kerala Buildings (Lease and Rent Control) Act, 1965 for eviction of the tenant on the grounds postulated under S.11(2)(b) and 11(4)(iv). The claim for eviction on the ground

of arrears of rent was not pressed before the Rent Control Court. That court ordered eviction under S.11(4)(iv). That order was confirmed finally by the Supreme Court. The appellant-tenant vacated the premises on 18-8-1980. The present suit was instituted on 31-10-1978 claiming arrears of rent at the rate of Rs. 1,696.25 per month from 1-9-19















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