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1985 Supreme(Ker) 397

U.L.BHAT
M. V. Kalyanasundaram Pillai – Appellant
Versus
Ramamoorthy – Respondent


ORDER

U.L. Bhat, J.

1. Landlord of the building involved in this case is the revision petitioner.

2. The learned Rent Controller found that the rent was in arrears but that ground for eviction under S.11(4) (i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, the Act) was not established. However, he dismissed the eviction petition on the ground that the landlord claiming to be the manager of the joint family has no status to sue in as much as there was severance in status of the family.

3. In appeal the Appellate Authority found that the revision petitioner is a landlord as defined in S.2(3) of the Act and could legitimately maintain the eviction petition. Thereupon the learned Appellate Authority ordered eviction under S.11(2)(b) and 11(4)(i) of the Act. The District Judge as the statutory revisional authority under S.20 of the Act set aside the order of eviction under S.11(4)(i) of the Act. Hence this revision by the landlord.

4. The disputed building belonged to the erstwhile joint family of which the revision petitioner was the manager. In a suit filed by a member of the family, a preliminary decree for partition has been passed. Nevertheless, since the revisi

































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