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2009 Supreme(Ker) 336

C.KURIAKOSE, P.Q.BARKATH ALI
D. Vijayappa Kurup – Appellant
Versus
Padmanabhan – Respondent


Advocates Appeared:
For the Petitioner:B. Krishna Mani, Advocate. For the Respondent:R. Sudhir, Advocate.

Judgment :-

Pius.C. Kuriakose, J.

In this writ petition under Article 227 of the Constitution, the landlord impugns Ext. P5 order passed by the Rent Control Court in execution proceedings and Ext. P7 order passed by the District Court in confirmation of Ext. P5. Eviction order was passed by the Rent Control Court in favour of the petitioner on the ground of reconstruction and after a long drawn out battle which was fought up to the Supreme Court of India, the petitioner took possession of the building. Once possession was obtained, the building was demolished. The tenant filed an execution petition complaining that the landlord has willfully neglected in complying with the directions in the eviction order which were to the effect that reconstruction should be carried out within six months and the tenant must be provided with an area more or less equal to the area previously occupied by him subject to the tenants liability to pay fair rent. The above E.P. was resisted by the landlord on various grounds and ultimately the issue was settled by this court by Ext. P3 order. Under Ext. P3 order, this court found that in the event of the landlord not completing the reconstruction within si








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