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1980 Supreme(Ker) 81

T.CHANDRASEKHARA MENON
HANEEFA – Appellant
Versus
SUBHALEKSHMI AMMAL – Respondent


Judgment :-

1. This civil revision petition arises in proceedings under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965, (Act 2 of 1965) hereinafter called the Act, for evicting the revision petitioner-tenant from the petition schedule building on the ground that the landlord needs the building bona fide for her own occupation. The. Rent Control Court dismissed the landlord's petition for eviction. Thereupon, the landlord filed an appeal before the Sub Court, Trivandrum as B.R.C.A. No. 119 of 1976. The appellate court, going into the merits of the controversy in detail, did not agree with the order of the Rent Control Court. The appeal was allowed and the landlord's prayer for eviction was granted.

2. This led to the revision petitioner filing a revision petition before the District Court under the Act as R.C.R.P. No. 82 of 1978. The revision was posted to 12101978 for return of notice and for hearing. On that day, neither the petitioner nor his counsel was present. The respondent was also absent. The District Court dismissed the petition for default. The revision petitioner therefore filed an application before that Court for setting aside the ex parte order and for
















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