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1976 Supreme(Ker) 35

N.D.P.NAMBOODIRIPAD
SREEPATHI POTI – Appellant
Versus
VENKITASUBRAMONIA IYER – Respondent


Judgment :-

1. Both these revisions arise out of a proceeding initiated by a landlord under S.11 of the Kerala Buildings (Lease and Rent Control) Act, Act 2 of 1965, (for brevity the Act) for eviction of a tenant from a building situated within the Corporation of Trivandrum.

2. The three grounds relied on by the landlord for eviction are: (a) default in the payment of rent; (b) sub-letting of the premises by the tenant to third parties; and (c) necessity for reconstruction of the building. The tenant denied all the grounds. Arrears were, however, deposited during the pendency of the action.

The Rent Control Court refused to accept the landlord's case that the building needed reconstruction, but it found that the tenant had sublet the premises to one Krishnan Nair, and consequently eviction was ordered on that ground. Both sides were not satisfied with that decision, and two appeals were filed. Both the appeals were dismissed; and two corresponding revisions also met with the same fate. The tenant has filed C. R. P. 2148/75 against the order of eviction on the ground of sub-letting, while the landlord has filed C. R. P. 152/1976 challenging the finding regarding the necessity for reco












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