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2012 Supreme(Ker) 484

K.HARILAL, PIUS C.KURIAKOSE
T. K. Padmakshi – Appellant
Versus
Ammalu Amma – Respondent


Advocates Appeared:
For the Petitioner:P.B. Krishnan, Smt. Geetha P. Menon, P.M. Neelakandan, P.B. Subramanyan, Advocates.
For the Respondents:B. Krishnan, R. Parthasarathy, Advocates.

Judgment:-

Harilal, J.

1. This is the third revision stemmed from R.C.P 19/1998 of the Rent Control Court Vadakara, which was filed two and a half decades ago, seeking eviction under 11 (3) of the Kerala Building lease and Rent Control Act. Despite the long lapse of time, the parties have won and lost alternatively at different stages in the hierarchy of appellate courts and went up to the Apex Court twice, the original petition is still awaiting for its finality.

2. The revision petitioner has sought eviction contending inter alia that her elder son Anoop Krishnan aged 25 years is not having any avocation and that the tenanted premises is bona fide required for him to eke out his livelihood. Initially, the original tenant has resisted the rent control petition contending inter alia that he is entitled to get the right of fixity of tenure under the Kerala Land Reform Act, 1963. The Rent Control Court found that the tenant has the right of fixity of tenure and he is not a tenant falling under the Kerala Buildings (Lease and Rent Control) Act. The landlord has preferred Rent Control Appeal No.38/1993. The appellate court modified the order holding that the petitioner can move the civi











































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