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2001 Supreme(Ker) 761

K.K.USHA, KURIAN JOSEPH
Joseph – Appellant
Versus
Rent Controller – Respondent


Advocates Appeared:
For the Appellant : N.P. Samuel.
For the Respondent: P. Santhalingam.

JUDGMENT :

Kurian Joseph, J.

The inter-rleationship between Ss. 11(4)(iv) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’) arises for consideration in this case. This writ petition is at the instance of a tenant in a Rent Control filed by the 4th respondent landlord under Ss. 11(2), 11(4)(iv) and 11(8) of the Act. The Rent Control Court allowed the petition on all the three grounds as per Ext. P2 order, which was confirmed in Ext. P3 judgment by the Rent Control Appellate Authority and that led the petitioner to this court in the writ petition.

2. The tenant entered into a written agreement with the landlord on 28.7.1978 for the occupation of the petition schedule building for a period of six months agreeing to pay a monthly rent of Rs.60. Thereafter in 1982 when the landlord required the petitioner to surrender vacant possession, the tenant took up a contention that after the rental arrangement originally agreed to for six months he had made certain investment in the building for the purpose of his tyre resoling business and that those arrangements were made on the basis of an oral agreement between the parties that the tena







































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