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1990 Supreme(Ker) 235

CHETTUR SANKARAN NAIR
Sigma Agencies (P) Ltd. – Appellant
Versus
P. V. Thomas – Respondent


Advocates:
V. Sivaswamy, for Petitioner; M.P. Abraham, for Respondents.

ORDER :-

Shorn of frills and embroidery, the question that comes to sharp focus in this petition is, whether Ext. P4 order of remand made by this Court under S. 115 of the Code of Civil Procedure, revising an order made under the Kerala Buildings (Lease and Rent Control) Act is 'void'. Special leave to appeal against that order was declined by the Supreme Court. Invoking the jurisdiction of superintendence under Art. 227 of the Constitution, petitioner seeks to quash Ext.P6 order made pursuant to the order of remand, Ext. P4.

2. Mother of first respondent-landlord, filed an application for eviction, R.C.P. 134/ 77 on the ground of bona fide need, the ground under S. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter called "the Act". The application was allowed by Ext.P1 order dated 23-12-1977. On appeal, the appellate authority remitted the case to the Rent Controller. Both sides filed revision petition against that order. The revisional authority (District Judge) considered the petitions RCRP 142 / 78 and R.C.R.P.150 / 78, and set aside the order of remand and remitted the matter to the appellate authority, to consider the appeal afresh. Petitioner filed a se














































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