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1977 Supreme(Ker) 55

V.KHALID
MANDAL GOPALAN – Appellant
Versus
ROHINI – Respondent


Judgment :-

1. The tenant is the revision petitioner. R. C. P. No. 273 of 1972 was filed against him for eviction on three grounds. The petition was dismissed. In appeal, the appellate authority confirmed the order of the Rent Control Court. However, in revision the District Judge, Tellicherry, ordered eviction under S.11 (8) of the Act. This revision petition challenges the said order.

2. Counsel for the revision petitioner contended that the revisional Court had, in reversing the orders of the appellate authority and the Rent Control Court exceeded the jurisdiction vested in it under S.20 of the Act. It was further contended that the order was bad since all the ingredients necessary for ordering eviction under S. H (8) were not proved by the landlord. A new contention was raised before me that the building sought to be evicted is one separate building as defined in the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as the Act, in a row of 7 rooms and it cannot be said that the building in question is a part of the building occupied by the landlord. I shall examine these questions separately.

3. The first respondent is described as the "puthravakasa tavazhi k



































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