The Court dismissed a revision petition challenging eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965. After finding no ground for interference, the Court granted time until December 31, 2009, for the tenant to surrender the building and clear arrears.
Time granted till 31/12/2009 for surrender of building and payment of rent dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931
CRP.No. 438 of 2003() ---------------------
REVN. PETITIONER(S): APPELLANT/RESPONDENT
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C.M.NATARAJAN, S/O. C.S.MADHAVANACHARI, CHOORAKATTIL HOUSE, KALANKUNNU, NILAMBUR POST.
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S): RESPONDENT/PETITIONER
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PATHATH PARVATHY AMMA, D/O. PATHATH MADHAVIYAMMA, MANALODY, NILAMBUR TALUK.
ADV. SRI.K.P.MUJEEB
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
C.R.P.No.438 OF 2003
ORDER
Barkath Ali, J.
In this revision petition under Section 20 of the Kerala Buildings ( Lease and Rent Control) Act 1965, the defeated tenant challenges the concurrent findings of the Rent Control Court and the Appellate Authority ordering eviction under Section 11(2)(b), 11(3) and 11(4) of the Act.
CRP.No.438/03
2
cause any damage to the building.
CRP.No.438/03
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in the petition schedule building. Taking into account the above fact, we
feel that time can be granted upto 31/12/2009 to surrender the building on the following conditions :
In the result, the revision petition is dismissed with the above directions.
PIUS.C.KURIAKOSE JUDGE
P.Q.BARKATH ALI JUDGE
sv.
CRP.No.438/03 4
2 issues framed by the court
Whether the High Court should interfere with the concurrent findings of the Rent Control Court and Appellate Authority ordering eviction.
Whether time should be granted to the defeated tenant to surrender the possession of the schedule building.
2 provisions across 1 enactments
C.M.Natarajan
Pathath Parvathy Amma
Pius C. Kuria
P.Q. Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
