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2009 Supreme(Ker) 957

PIUS C.KURIAKOSE, K.SURENDRA MOHAN
S. P. Ismail – Appellant
Versus
K. Sudhakara Shenoy – Respondent


Advocates appeared:
For the Petitioner:M. Gopikrishnan Nambiar, Advocate. For the Respondent: Sureshkumar Kodoth (Caveator).

Judgment :

Pius C. Kuriakose, J.

The tenant is in revision against the judgment of the Rent Control Appellate Authority dismissing the appeal which he had field against the order of the Rent Control Court and simultaneously directing him to surrender possession of the petition schedule building within a period of one month from the date of the judgment.

2. The application before the Rent Control Court was for fixation of fair rent under Section 5 of Act 2 of 1965. The Rent Control Court after enquiry would fix the fair rent of the building, which is situated in Kanhangad town, at Rs.3,000/- per month as against the contract rent of Rs.1,600/- per mensem. The tenant preferred appeal R.C.A. No.4/2006 against the order of the Rent Control Court. In the appeal, the landlord field I.A.No.12/2007 under Section 12 for directing the appellant to pay the arrears of rent as well as the rent which fell due subsequent to the commencement of the proceedings. The appellate authority passed an order directing the tenant to make the payment. But, no payment was made by the Revision petitioner. It is on the reason that there is no full compliance with the direction of the Appellate Authority to pay










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