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2010 Supreme(Ker) 635

PIUS C.KURIAKOSE, P.S.GOPINATHAN
George Thomas – Appellant
Versus
T. N. Menon – Respondent


Advocates appeared:For the Petitioner:K. Ramakumar (Sr.), Advocate. For the Respondents:P. Viswanathan, Advocate.

Judgment :-

Gopinathan , J. 1. The revision petitioner is the respondent/tenant in the RCP No.

45/2007 on the file of the Rent Control Court, Ernakulam. The respondents herein, who are landlords of the revision petitioner, instituted the above petition seeking an order of eviction in respect of the petition schedule building under Section 11(3) and 11(4)(iv) of the Kerala Buildings (Lease & Rent Control) Act (hereinafter referred to as 'the Act'). As per the pleadings in the petition and by the judgment impugned, it is revealed that a building facing east towards the Chittur Road is owned by the respondents. A portion in the upstairs, which is the petition schedule building was let out to the revision petitioner and he had been occupying the same as a lessee. On the southern side of the petition schedule building and towards the back side, the respondents own about 27 cents of land. The respondents bonafide planned for constructing a multi stored building in that property. As per the plan prepared, separate entry and exit are provided to the proposed building. Entry is through the southern side and the exit is through the northern side. To provide the exit, a portion of the petition










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