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1993 Supreme(Ker) 459

P.A.MOHAMMED
George Mampilly – Appellant
Versus
Mrs Karthyani Sambu – Respondent


JUDGMENT

P.A. Mohammed, J.

1. In this writ petition, the landlord of a building challenges an order of the Revisional Authority under the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') setting aside the decree of eviction passed by the Appellate Authority under S.11(8) of the Act.

2. A short history of the case is found to be relevant for formulating resoluteness on the dispute enwrapped in this case. It can be condensed thus: The building involved in the present petition called 'Mampilly building' was erected by one Ephrain Mampilly, and after his demise it was partitioned between petitioner and his brother who are his legal heirs. In the partition, the northern block of the building was allotted to the petitioner whereas the southern block was apportioned to the share of Dr Kurien Mampilly. The rooms in the northern block were occupied by Federal Bank and one S. N. Menon and they were evicted through the Court Proceedings. In the upstair rooms of the building the petitioner and his wife Dr Lalitha Mampilly were residing. They started a clinic with a dispensary under the name of 'Mampilly Clinic' in the down stairs. The petitioner and his wife being practis






















































































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