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1994 Supreme(Ker) 399

DATLA JOGI JAGANNADHA RAJU
Louis Pachan – Appellant
Versus
V Janaki Amma – Respondent


JUDGMENT

D.J. Jagannadha Raju, J.

1. This is an original petition filed under Art.227 of the Constitution of India by an unsuccessful tenant for a writ of certiorari to quash Exts. P3, P4 and P6. Petitioner is the tenant of two rooms Nos. 13 and 14 in building Nos. 241 and 242 in Ward No. 1 covered by Sy. No. 142/1 of Guruvayur Township. He took one room on rent in the year 1954 and another room in 1959. Originally Madhavi Amma was the landlady and after her death, her daughter became the lessor. R.C.O.P. No. 47/79 was filed for eviction of the petitioner, that is a litigation which continued till the filing of the present original petition. Eviction petition was filed on the ground that the landlady requires these two rooms for installation of the generator for running the Cinema Hall 'Sreekrishna Theatre'. As the landlady could not obtain possession of the tenanted premises, she had to install the generator in a temporary shed and that entailed a series of litigations with the township authorities, etc. Ultimately eviction orders have been obtained by the landlady/lessor and they are confirmed.

2. In this petition, the learned counsel for the petitioner/tenant contends that by virtu







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