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1983 Supreme(Ker) 249

K.K.NARENDRAN
JOY – Appellant
Versus
STEPHEN JACOB – Respondent


Judgment :-

1. An interesting question in rent control law arises for consideration in this civil revision. A lease of a building to which the Kerala Buildings (Lease and Rent Control) Act of 1965 applies was given pending a suit for declaration of the rights of the plaintiff in the suit to recover the building from the landlord. The suit was later decreed. Can the tenant be evicted in execution of the decree. In a suit for permanent injunction by the tenant to restrain the plaintiff in the suit for declaration and the landlord of the building from evicting him otherwise than in accordance with the provisions of the Act, can a temporary injunction be refused on the ground that the tenant has not made out a prima facie case?

2. The plaintiff in OS. No. 203-of 1983 of the Munsiff's Court, Muvattupuzha is the petitioner in the civil revision. He took on rent a building belonging to the first respondent in 1978. The building is one to which the Kerala Act 2 of 1965 applies and hence the lease is governed by the provisions of the Act. When the lease arrangement was entered into, a suit filed by the 2nd respondent against the guardian of the 1st respondent owner of the building was pendin











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