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1994 Supreme(Ker) 435

VARGHESE KALLIATH, P.A.MOHAMMED
Gouthami – Appellant
Versus
Indira Kunjamma – Respondent


ORDER

P.A. Mohammed, J.

1. This is a revision by the tenants of a 'building' under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act'). The original tenant Bharathan died and his legal heirs are the revision petitioners. The respondents are the landlords who are the legal heirs of the original landlord deceased Karunakara Panicker. The respondents filed the petition for eviction, R. C. P. No. 31/85, before the Rent Control Court, Ernakulam under S.11(2) and 11(3) of the Act. After the enquiry the Rent Controller ordered eviction of the petitioners from the building in question under the aforesaid Sections, that is to say, on the grounds of 'arrears of rent' and 'bona fide need', In the appeal, R. C. A. No. 165 of 1989, filed by the petitioner under S.18 of the Act the Rent. Control Appellate Authority, Ernakulam set aside the order of eviction under S.11(2) but confirmed eviction under S.11(3) of the Act. It is against the said judgment of the appellate authority, this revision is filed by the petitioners.

2. Learned counsel, Sri N. Viswanatha Iyer, on behalf of the petitioners, in the first place, argued that the authorities below ought to have refe







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