PADMANABHAN Vs. ULAHANNAN

JUDGEMENT

(1.) This revision is filed by the legal representative of a deceased landlord who obtained an order for eviction against the tenant, the respondent herein OP (RC) No. 17 of 1977, a proceeding under the Kerala Buildings (Lease and Rent Control) Act, 2 of 1965, hereinafter called the Act.

(2.) The landlady, Lakshmi Amma, said to be the mother of the revision petitioner herein, filed an application against the respondent tenant for evicting him from a building occupied by him on the ground that she bona fide requires the building for her own occupation. This was resisted by the tenant.

(3.) The Rent Control Court allowed eviction of the tenant under S.11(3) of the Act, as the landlord required the building for her own occupation for taking Ayurvedic treatment. An appeal was filed by the tenant in RCA No 69 of 1978 against this order, which was dismissed by the appellate authority. Aggrieved by the appellate judgment, the tenant filed RCRP No. 23 of 1980 before the District Court, Tellicherry. As there was no stay obtained in the revision, during the pendency of the revision the landlord filed EP No.14 of 1980 seeking execution of the order for eviction. The landlady died on 2-4-1980, the day after the filing of the execution petition, EP No. 41 of 1980, before the munsiff's Court. The revision was dismissed as abated.