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1983 Supreme(Ker) 66

BALAKRISHNA MENON
YOGIRAJ – Appellant
Versus
RAVINDRANATH – Respondent


Judgment :-

1. This Second Appeal is against the appellate order of the District Court, Kozhikode directing the removal of obstruction by the appellant against the execution of the order of the Rent Control Court, Kozhikode in O.P.R.C. No. 151 of 1978. A building belonging to the decree-holder was allotted to the judgment debtor Kalayani an employee of the Telegraph Department as per orders of the Accommodation Controller and she occupied the building in 1972. She had her residence in the building with family, and her husband Ramunni was running a tailoring institute by name Ambedkar Technical Institute in the same building. In February 1977 the appellant obtained possession of the building from Ramunni and he is conducting the Technical Institute and yoga treatment centre there. The respondent landlord instituted 0 P.R.C. No. 111 of 1978 before the Rent Control Court, Kozhikode against the tenant

Kalyani for her eviction under sub-sections (2), (3), and 4 (ii), (iii) and (v) of S.11 of the Kerala Buildings (Lease and Rent Control) Act 1965. Eviction was ordered by the Rent Control Court on 3-10-1978 under sub-sections (3), (4) (iii) and (4) (v) of S.11 of the Act finding that the l

















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