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1980 Supreme(Ker) 143

V.KHALID
VELAYUDHAN – Appellant
Versus
RAICHAL VARGHESE – Respondent


Judgment :-

The tenant in B.R.C.O.P. No. 50 of 1980 are the petitioners. The application for eviction was made in 1970 The matter came to this Court thrice in three civil revision petitions thanks to the procedural law of the land. The ground on which eviction was sought was the one under S.11(4)(iv)of the Kerala Buildings (Lease and Rent Control) Act, Act II of 1965. The respondents had produced the necessary plan from the Kottayam Municipality for reconstruction of the building after demolition of the existing structures. By the time execution was laid, a notification under S.33A of the Town Planning Act came into force making it obligatory for new buildings to leave a space of 40ft vacant in the road side. In view of this notification, reconstruction of the building as per the original plan on the same site became impossible. Therefore E. A No. 809 of 1977 was filed by the petitioner to stay execution of the decree passed in the Rent Control petition on the ground that the order of eviction for reconstruction was rendered unexecutable on account of subsequent events. The execution Court dismissed the application which order was confirmed by the District Judge. Hence this revisio









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