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1979 Supreme(Ker) 210

M.P.MENON
PREMIER RUBBER CO. – Appellant
Versus
K. S. S. I. CORPORATION – Respondent


Judgment :-

1. Two points are raised in this revision by the defendant in a suit for arrears of rent in respect of two buildings in the Industrial Estate, Edakkal, owned by the Government of Kerala. The lease arrangement executed in February. 1962 was for two years and under paragraph (13) thereof the tenant had been given an option to renew it on fresh conditions stipulated by Government. In June, 1962 the management of the Industrial Estate was vested in the Kerala State Small Industries Corporation Ltd. In June, 1966 Government passed an order enhancing the rent by stages, to be effective from the 1st of August, 1966, 1967,1968 and 1969, for the purpose of progressively reaching the goal of "economic rent". Orders regarding the enhancement were communicated to the petitioner on 5-9 -1966, and he then filed R.C.O.P. Nos. 246 and 247 of 1967 (on 6-11- 67) under Act 2/65 for fixation of fair rent. While these petitions were pending, Government issued a notification under S 25 of Act 2/65 on 12- 6-68 exempting the Industrial Estate from its provisions. The fair rent proceedings were however continued, overruling the Corporation's objections based on the aforesaid notification, and a










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