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1974 Supreme(Ker) 135

P.GOVINDA NAIR, V.BALAKRISHNA ERADI, G.VISWANATHA.IYER
MUHAMMAD – Appellant
Versus
IMBICHIBI – Respondent


Judgment :-

1. This case has been referred to a Full Bench for consideration of the question whether a person occupying a portion of a building belonging to another with the latter's permission is a 'kudikidappukaran' as defined in Act 1 of 1964, hereinafter referred to as the Act.

2. According to the respondent, the petitioner is a tenant governed by the Kerala Buildings (Lease and Rent Control) Act, 1965, for short the Rent Control Act. He sought eviction of the petitioner under S.11 of that Act on the ground that the petitioner had defaulted payment of rent. The petitioner inter alia denied that he is a tenant falling within the Rent Control Act and further urged that he is a 'kudikidappukaran' under the Act 1 of 1964. This contention of the petitioner was accepted by the Rent Control Court and also by the appellate authority.The respondent's petition for eviction was consequently dismissed. In further revision under S.20 of the Rent Control Act the District Court took the view that the petitioner is not a 'kudikidappukaran', mainly on the ground that the petitioner was not in occupation of a 'nut' belonging to the respondent and relied on the decision of Madhavan Nair J. in Itti















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