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2012 Supreme(Ker) 752

PIUS C.KURIAKOSE, A.V.RAMAKRISHNA PILLAI
V. Assainkutty Haji – Appellant
Versus
K. P. Rajalakshmiamma – Respondent


Advocates appeared:
For the Petitioner:T. Krishnan Unni, Senior Advocate, S.A. Saju, Smt. P.A. Sheeja, Mrs. A. Meena, K.C. Kiran, Advocates.
For the Respondent:R1, V.V. Surendran, (Caveator), P.A. Harish, Advocate.

JUDGMENT

Ramakrishna Pillai, J.

1. Whether the finding on the preliminary point regarding denial of title set up by the tenant, which has attained finality would operate as res judicata in raising the plea of want of jurisdiction? Whether any transformation in the jural relationship between the landlord and the tenant has taken place on account of the basis of agreement for sale in respect of the tenanted premises? These are the two crucial questions which arise for consideration in this revision petition filed by the tenants, who were sought to be evicted by the respondents from the tenanted premises under Section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act,1995, (hereinafter referred to as the ‘Act’ for short).

2. Before answering the above, it is useful to have a glance at the relevant facts in brief.

3. The tenanted premises consist of a shed and an office room attached to it, Where an industrial concern by name ‘Friends Auto Service’, engaged in repairing, servicing and rebuilding of heavy motor vehicles, is run by the petitioner. The premises originally belonged to the first respondent and her brother Chandrasekharan Nair, who is more. After the deat








































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