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1966 Supreme(Ker) 104

K.K.MATHEW
LALITHA R. PRABHU – Appellant
Versus
KRISHNA ALIAS LAKSHMI BAI – Respondent


Judgment :-

1. Counsel for the petitioner challenges the validity of Ext. P-1 order passed by the Rent Control Court allowing an amendment of a Rent Control Petition. The landlord filed the petition for eviction of the tenants on the ground that the landlord required the building for her own use and also on the ground that the tenants had committed default in the payment of rent. The landlord had leased the building for the purpose of conducting a cinema to a firm of which the petitioner's deceased husband was a partner. A suit for dissolution of the partnership was filed by the petitioner as O. S.2/1963 of the Tellicherry District Court. A receiver was appointed in that suit. At a public auction, the commissioner appointed in the case sold the assets of the partnership on 20th May 1964, and they were purchased by the petitioner. In pursuance to the sale the petitioner was put in possession of the building in question on 6th June 1964. The case of the 1st respondent is that the commissioner has effected the sale as representative of the parties who are entitled to the assets and that the sale constitutes a transfer by the tenants of their rights under the lease, that the transfer i








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