K PARUKUTTY Vs. SARASAMMA

JUDGEMENT

(1.) Landlady is the revision petitioner in CRP No. 1162 of 1993 and the tenant is the revision petitioner in CRP No. 768 of 1994. Both the revisions arise out of RCP No. 7 of 1981 of Rent Control Court, Trivandrum.

(2.) Petition for eviction was filed under S.11(2)(b) and 11(4)(iv) of Act 2 of 1965. Both the Rent Control Court as well as the Appellate Authority ordered eviction under S.11(2)(b). The Appellate Authority directed the tenant to pay arrears of rent with interest and costs and get the order vacated under S.11(2)(c). The Rent Control Court allowed eviction under S.11(4)(iv). On appeal by the tenant it was reversed. Aggrieved by that order landlord has preferred CRP No. 1162 of 1993.

(3.) Before the Rent Control Court tenant pleaded kudikidappu rights. Same was referred to Land Tribunal, Trivandrum under S.125(3) of the Kerala Land Reforms Act. Claim of kudikidappu was negatived by the Land Tribunal. The order of the Tribunal was accepted by the Rent Control Court and it was confirmed by the Appellate Authority. Aggrieved by that order tenant has preferred CRP No. 768 of 1994. Since common questions arise for consideration in both the revision petitions, we are disposing of the same by a common order.