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1990 Supreme(Ker) 536

K.SREEDHARAN
B. Prabodhini – Appellant
Versus
P Rajammal – Respondent


JUDGMENT

K. Sreedharan, J.

1. Tenant of building bearing Door No. T. C. 38/1293 of Trivandrum Corporation is the petitioner in O. P. No. 8311 of 1988. Landlord of that building has preferred O.P. No. 962 of 1989. These petitions arise out of R.C.P. No.4 of 1981 on the file of the Rent Control Court, Trivandrum. Landlord initiated the proceedings for eviction of the tenant under S.11(3), 11(4)(ii) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as the Act. Before the Rent Control Court, on the side of the landlord P.Ws. 1 and 2 were examined and Exts. A1 to A7 were proved. P.W. 1 is the landlord. Tenant got hereself examined as C. P. W. 1. On an appreciation of the entire evidence let in by the parties, the Rent Control Court allowed the landlord to recover the building under S.11(3) and 11(4)(ii) of the Act. The claim for eviction under S.11(4)(iv) was virtually given up by the landlord. Aggrieved by the decision of the Rent Control Court the tenant took up the matter in appeal. The Appellate Authority reversed the finding entered by the Rent Control Court under S.11(3) of the Act, But it sustained the order of eviction passed under S.11(4)






























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