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1958 Supreme(Ker) 167

KOSHI, M.S.MENON
Thresia – Appellant
Versus
Ayuppunni – Respondent


Judgment :-

1. The only point pressed in the second appeal is that in view of the Buildings Lease and Rent Control Measures the Civil Court has no jurisdiction to pass a decree for eviction. The question has been the subject of controversy in various cases and the view that has gained recognition is that these measures being of a temporary nature the Civil Court's jurisdiction to pass a decree is not ousted though actual eviction can take place only as per a Rent Controller's order vide 1955 K. L. T. 924. The point raised cannot therefore succeed. As no other point arises in the case we dismiss the appeal with costs.

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