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1983 Supreme(Ker) 91

V.KHALID
ABDUL RAHIMAN – Appellant
Versus
RAMANKUTTY MOOTHAN – Respondent


Judgment :-

1. The petitioners are the landlords. The building in the possession of the respondents belongs to them. They filed O.P. Nos. 119 of 1976 and 120 of 1976 seeking eviction of the respondents under S.11(2), (4) and (8) of the Kerala Buildings (Lease and Rent Control) Act, for short, the Act. Eviction was sought on the ground that the petitioners, who were in occupation of a part of the building, wanted the remaining portion of it in the possession of the respondents to be used after reconstruction. The Rent Control Court after considering the oral and documentary evidence directed the respondents to put the petitioners in possession of the buildings under S.11(8) of the Act. Both the respondents filed appeals before the Appellate Authority, viz., the Principal Subordinate Judge, Palghat. The Appellate Authority confirmed the decision of the Rent Control Court and dismissed, the appeals. The respondents pursued the matter by filing two revisions as C.R.P. Nos. 44 and 45 of 1976 before the District Judge, Palghat. The revisional court by its order dated 18th February 1980 reversed the concurrent findings of the Rent Control Court and the Appellate Authority and held that th













































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