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1985 Supreme(Ker) 105

FATHIMA BEEVI
ULAHANNAN KURIEN – Appellant
Versus
IPE THOMAS – Respondent


Judgment :-

1. The short point that arises for decision in this revision is whether a reference U/S. 125 (3) of the Kerala Land Reforms Act 1 of 1964 is incompetent where such a reference has already been made in a prior proceedings between the same parties. The revision petitioner is the respondent in B.R.C. (O.P.) No. 24/1979 on the file of the Rent Control Court. Kottayam. The original petition was filed by the respondent herein for eviction U/S. 11 of the Kerala Buildings (Lease and Rent Control) Act on the allegation that the .petitioner is the tenant of a building within the meaning of that Act. The revision petitioner contended inter alia that the petitioner herein is not the tenant of a building and that he is the lessee of land for a commercial purpose. who has put up buildings in the land prior to the stipulated date and that the petitioner is hence entitled to the benefit of S.106 of the K.L.R. Act. The claim of the revision petitioner as a tenant entitled to the benefit U/S. 106 of the Act is not admitted and the question whether he is such a tenant arises for determination in the proceedings before the Rent Control Court.

2. The revision petitioner filed I.A. No. 2208/7











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