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1963 Supreme(Ker) 287

T.C.RAGHAVAN, T.K.JOSEPH, S.VELU PILLAI
Kurien – Appellant
Versus
Saramma Chacko – Respondent


Judgment :-

1. The question involved in this appeal depends on the construction of the expression "the Rent Control Court" in S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1959. The facts are not disputed and they may be stated.

2. The 1st respondent, the landlord, filed an application against the appellant-tenant for evicting him from a building under the Travancore-Cochin Buildings [Lease & Rent Control] Order, 1950, on the ground that the tenant kept rent in arrears. The Rent Controller passed an order of eviction on 16th September 1958, which was confirmed in appeal by the appellate authority, the Subordinate Judge, on 20th December 1958. The tenant filed a revision petition before the District Judge, which was also dismissed by order dated 31st March 1959. Pending revision the Kerala Buildings [Lease & Rent Control] Ordinance III of 1959 came into force and the Ordinance was later on replaced by the Buildings (Lease and Rent Control) Act [Act 16 of 1959]. The provisions of the Ordinance and the Act are the same and under S.11 of the Act some new rights were conferred on the tenants, one of the rights being the right to deposit arrears of rent within one month


























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