UKKURU Vs. MUNDAN
LAWS(KER)-1963-3-21
HIGH COURT OF KERALA
Decided on March 12,1963

UKKURU Appellant
VERSUS
MUNDAN Respondents


Referred Judgements :-

C A PARVATHY AMMAL VS. K C CHAKUNNY [REFERRED TO]
MOHAMED KHANI ROWTHER VS. THAIVANA AMMAL [REFERRED TO]


JUDGEMENT

- (1.)In this Writ Petition, Mr. A. K. Ramaseshadrinathan, learned counsel for the petitioner, challenges the orders of the three subordinate authorities holding that an application filed by the contesting respondent, namely, the tenant, under S.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1959, is maintainable and in consequence giving appropriate relief to the tenant by vacating the order of eviction already passed.
(2.)The petitioner landlord filed an application for eviction of the respondent on the ground of default in the payment of rent and eviction was ordered on 22-12-1959 by the Rent Control Court. There was an appeal taken against this order by the tenant to the appellate authority, namely, C. M. A. No. 460, and there is no controversy that the appellate authority, by its order dated 5-3-1960 dismissed the tenant's appeal and confirmed the order of eviction passed by the Rent Controller.
(3.)The tenant does not appear to have challenged the matter any further and on 9-3-1960 filed two applications, (a) M. P. 829 of 1960 under S.11(2)(b) of the statute for vacating the order of eviction that has been passed on 22-12-1959 and (b) M. P. No. 830 of 1960 for excusing the delay in filing the application for vacating the order already passed.
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