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2010 Supreme(Ker) 447

PIUS C.KURIAKOSE, C.K.ABDUL REHIM
M/S. Midland Traders, Elias Towers – Appellant
Versus
Miriam Elias – Respondent


Advocates Appeared:For the Petitioners:B.G. Bhaskar, Advocate. For the Respondents:Meijo Kurian Puvathingal, Advocate.

Judgment :

Pius C.Kuriakose, J.

1. Under challenge in these revisions filed by the tenant/a partnership firm under Section 20 of Act 2 of 1965 is the common judgment delivered by the Rent Control Appellate Authority in an appeal which was filed by the tenant and memorandum of cross objections filed by the landlord against an order of the Rent Control Court fixing fair rent for the building under Section 5 of Act 2 of 1965. The building is situated evidently in a commercially very important locality in Cochin city admittedly near to the Kerala High Court and the prestigious Cochin Marine Drive. The building abuts the Banerjee Road as well as the market road. The building is a portion of the ground floor of a four storied commercial complex by name "Elias Chambers". Portions of the upper stories of the above commercial complex are occupied by various other tenants including the Life Insurance Corporation of India and South Indian Bank Ltd. The revision petitioners who are doing business in the petition schedule premises in the ground floor of the building took the building on lease in 1981 on a monthly rental of Rs.1,000/-. The original landlords initiated the proceedings in the year









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