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2012 Supreme(Ker) 373

A.V.RAMAKRISHNA PILLAI, C.KURIAKOSE
Mohammed Kannu Abdul Rasheed – Appellant
Versus
Nazarudeen S/o. Muhammed Yousuf – Respondent


Advocates Appeared:
For the Petitioner:T. Krishnan Unni (SR.), S.A. Saju, K.C. Kiran, Smt. P.A. Sheeja, Advocates.
For the Respondents:V. Suresh, G. Sudheer, Advocate.

Judgment :-

Ramakrishna Pillai, J

In this petition the landlord challenges the order passed by the District Court in an R.C.R.P filed by the tenantsagainst the order passed by the execution court in a rent control matter rejecting the tenant's prayer for re-induction to the reconstructed building.

2. The facts: - Claiming eviction of the tenanted premises, the petitioner moved the Rent Control Court, Thiruvananthapuram, under Sections 11(2)(b) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act') against respondents 1 and 3, who are the legal heirs of the deceased tenant. The Rent Control Court granted eviction under Section 11(2)(b) only. Appeals by the petitioner as well as respondents 1 and 3 were considered by the Rent Control Appellate Authority. The petitioner was successful in the RCA. The verdict ultimately came up for consideration before this Court in CRP No.1927/1992. This Court ordered eviction under both grounds and granted one month time to respondents 1 and 3 to deposit the arrears of rent. After re-construction of the building, respondents 1 and 3 filed execution petition claiming that they are entitled to get






















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