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1982 Supreme(Ker) 80

P.JANAKI AMMA
KUNHALEEMA – Appellant
Versus
ACCOMMODATION CONTROLLER – Respondent


Judgment :-

1. The petitioner is the owner of a building in Thalikkavu, Cannanore. The first floor of the building was rented out to the second respondent on a monthly rent of Rs. 15/-. On 23-5-1979 the petitioner issued Ext. P1 notice to the second respondent stating that she had damaged the building by storing water and by splitting fire-wood on the floor. Since she felt that it was not possible to restore the building to its original condition she claimed recovery of possession of the building with arrears of rent. The second respondent issued Ext.P2 reply notice denying that it was due to her neglect or action that damage was caused to the building. She had been permitted to use a portion of the upstair as "kottathalam" and as such she was using the same for the purpose. According to her, the petitioner was not in the habit of effecting repairs to the building in spite of demands by her. She also denied that she had kept rent in arrears. An amount of Rs. 360/- was sent by Money Order dated 7-11-1978, which was received by the petitioner on 13-11-1978. Another Money Order for Rs 60/- was sent on 8-5-1979 being the rent for the months from December to May 1979, both inclusive. Bu













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