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1984 Supreme(Ker) 114

BHASKARAN NAMBIAR, G.BALAGANGADHARAN NAIR
BALAGANGADHARA MENON – Appellant
Versus
T. V. PETER – Respondent


Judgment :-

1. These revisions by the common landlord arise out of two separate petitions RCP. No. 79 of 1978 and RCP. No. 85/78 respectively on the file of the Rent Controller, Ernakulam. The petitions sought eviction of the respective respondents, who are tenants of two adjacent buildings under S.11(2)(b) and (4) (iv) of the Kerala Buildings (Lease and Rent Control) Act on the grounds that they were in arrears of rent, that the buildings needed reconstruction and that the petitioner required bona fide to reconstruct them. The Rent Controller disallowed eviction on the former ground as the rent was not in arrears. He however upheld the latter ground under S.11(4)(iv) and directed the respondents to put the petitioner in possession of the buildings within one month with a default clause that on their failure be could recover possession through court. The petitioner was ordered to reconstruct the buildings within six months from the date of recovery of possession and the respondents were given the first option to get the reconstructed buildings allotted to them with liability to pay fair rent. The orders were confirmed on appeals by the Subordinate Judge, Ernakulam who is the Appell















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