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2012 Supreme(Ker) 212

C.KURIAKOSE, A.V.RAMAKRISHNA PILLAI
Vasantha Bhagaval Singh – Appellant
Versus
Anthony – Respondent


Advocates Appeared:
For the Petitioners:K.G. Balasubramanian, Advocate.
For the Respondents:R1, T.C. Suresh Menon, Advocate.

Judgment :-

Ramakrishna Pillai, J.

1. This revision is against the direction of the courts below in granting eviction under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent) Control Act, 1965 (hereinafter referred to as, the Act) .

2. One Velunni (hereinafter referred to as the original tenant), of whom the revision petitioners as well as respondents 2 to 4 are the legal heirs, took the tenanted premises on lease from the predecessor-in-interest of the first respondent on a monthly rent of Rs.10/- by a registered lease deed of 1952. After the death of the original landlord, the first respondent applied for an order of eviction against the original tenant alleging that rent from February, 1979, had not been paid. It was further alleged that he had removed the wall between two rooms as well as the wall, door and window of another room of the petition schedule building, as a result of which, the security of the building was lost and its value and utility were reduced materially and permanently. Proceedings were initiated after serving a notice demanding vacant possession of the building, which met with a reply stating that the allegation regarding alterations and damage are f

































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