SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2010 Supreme(Ker) 109

PIUS C.KURIAKOSE, C.K.ABDUL REHIM
Dr. P. Venugopalan Nair – Appellant
Versus
Mohamedkunhi – Respondent


Advocates Appeared:For the Petitioner:Suresh Kumar Kodoth, V. Sethukutty Amma, Advocates. For the Respondents:D. Krishna Prasad, M. Harisharma, Advocates.

Judgment :

Pius C. Kuriakose, J.

The parties are referred to herein as the Landlord and the tenant. RCR.79/07 is filed by the tenant. RCR.195/07 is filed by the landlord. The revision petitioners/tenants are aggrieved by the judgment in the rent control appeals. Since the landlord's case for eviction in the context of the ground under Section 11(2)(b) was declined by the authorities below concurrently on the ground under Section 11(2)(b) and since we do not find any illegality, irregularity or impropriety with the decision of the authorities below in the context of the ground under Section 11(2)(b) we do not propose to refer to the rival contentions in the context of that ground. We confirm the order of authorities below declining eviction under Section 11(2) (b). We however observe that the cause of action for eviction on the ground of arrears of rent is a recurring one and it is always open to the landlord to seek eviction on the ground of arrears of rent once it is seen the tenant has defaulted payment of rent.

2. The case of the landlord in the context of the substantial question under Section 11 (3) was that 1st petitioner in the Rent Control Petition was without any job or avo







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top