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1975 Supreme(Ker) 76

GEORGE VADAKKEL, P.SUBRAMONIAN POTI
C. V. XAVIER – Appellant
Versus
FRANCIS LEONARD PAPPALI – Respondent


Judgment :-

1. The revision petitioner is a tenant of a building situate in the Cochin Corporation area and of which the respondent is the landlord. On the ground that the tenant had left the rent in arrears a petition was moved for his eviction under the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965. Soon after the return of notice on the petition, an objection was filed by the tenant to the application for eviction and that was on 3 - 61968.On 16-71968 to which date the case was adjourned the court passed an order directing deposit of all arrears of rent due from the tenant on or before 19 81968. It was not so deposited and on 20 81968 the court passed an order under S.12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 stopping all further proceedings and ordering eviction of the tenant. It is that order which was challenged in appeal and subsequently in revision. That was confirmed both by the appellate and revisional authorities. That is under challenge in the Civil Revision Petition. That was referred to by a learned Single Judge of this court to the Division Bench for the reason that the question raised is one of general importance The c


































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