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2015 Supreme(Online)(KER) 16762

HIGH COURT OF KERALA
P.N.RAVINDRAN, BABU MATHEW P.JOSEPH, JJ
SHAJU – Appellant
Versus
RAVINDRAN – Respondent


Advocates:
SRI.V.BINOY RAM

JUDGMENT

P.N. Ravindran, J.

The petitioner is the tenant in R.C.P.No.168 of 2013 on the file of the Rent Control Court, Thrissur. The respondent/landlord has in R.C.P.No.168 of 2013, prayed for an order evicting the tenant under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 , hereinafter referred to as 'the Act' for short. After filing a counter statement resisting the prayer for eviction, the tenant filed I.A.No.15910 of 2015 in R.C.P.No.168 of 2013 under Order XXXIX Rule 1 read with section 151 of the Code of Civil Procedure and section 13 of the Act, praying for an order directing the landlord to remove the obstruction caused by him and to restore the access to the common toilet and the area where the electricity meter and the main switch are fixed. The tenant had, in the affidavit filed in support of the said application, averred that the landlord has, with a view to cut off or withhold the amenities enjoyed by him, erected a grill and thereby blocked the access OP(RC) 125/2015 2 to the common toilet which was available to all the tenants of the building and the area where the electricity meter and the main switch are fixed and that it amounts to withh

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