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2015 Supreme(Ker) 141

DAMA SESHADRI NAIDU
Usha Jacob – Appellant
Versus
Corporation of Thiruvananthapuram, Represented by its Secretary, Museum Junction – Respondent


Advocate Appeared:
For the Petitioner:R.S. Kalkura, M.S. Kalesh, Harish Gopinath, R. Bindu, Gens George Elavinamannil, Advocates.
For the Respondents:R1 & R2, Nandakumara Menon, Sr. SC, R3 to R6, G. Gopakumar, Senior Government Pleader, R7, M. Ajay, SC, R8, D. Ajithkumar, Advocate.

Judgment

1. Briefly stated, the petitioner is a tenant of the eighth respondent, a part of whose property, situated in Menamkulam Village, Thiruvananthapuram Taluk, was let out way back in 2005. In course of time, the eighth respondent is said to have instituted a suit for eviction, which, in fact, was decreed on 30.09.2013. Thereafter, though the petitioner filed R.C.A. No. 32/2012 before the Rent Control Appellate Authority (the District Court), Thiruvananthapuram, she could not succeed, as the appellate court rendered a concurrent finding through its judgment, dated 19.09.2014. Nevertheless, the petitioner contends that so far the copy of the judgment in appeal has not been made available to her to lay further challenge against the decree in appeal.

2. It is the specific contention of the petitioner that before the petitioner could be evicted through due process, the eighth respondent had taken recourse to a devious stratagem to oust the petitioner from the demised property. As a stratagem, the eighth respondent is said to have let out the balance portion of the property just in front of the petitioner's demised house to certain outsiders, who established a daily market without an


































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