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1971 Supreme(Ker) 139

K.SADASIVAN
Krishnan – Appellant
Versus
Radha Lekshmi Amma – Respondent


Advocates:
K.K. Bhaskaran, for Petitioner; v. Harihara Iyer, for Respondent.

ORDER:-

The revision petitioner is the tenant who was sought to be evicted by the landlord in R.C.P.175/62 filed in November, 1962 in the court of the Rent Controller, Ernakulam. The ground relied on for eviction, was default in payment of rent. The petition was contested by the tenant stating that the landlord had agreed to convey the property to him for Rs.6,000/- and it was in pursuance of that agreement that he did not pay the rent; he has effected various improvements in the building and also in the property and the value of such improvements would exceed the arrears of rent due to the landlord. There was, therefore, no arrears, in fact. He also contended that in case any arrears were found due from him he should be given 6 months' time to discharge it. On 12-8-1963 orders were passed by the Rent Controller for eviction of this petitioner On 6-2-1964 the petitioner filed I.A.406/64 for reviewing the order of eviction on the ground that the petitioner was a government servant and that he was not liable to be evicted as at the time of the passing of the order for eviction the notification declaring government servants not liable to be evicted, was in force. The notification was




















































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