A NARAYANA RAO Vs. VENGARA ACHUTHAN

JUDGEMENT

(1.) A tenant against whom an exparte order for eviction was passed by the Rent Controller, Cannanore, which was confirmed in appeal and upheld in revision seeks to revise the revisional order passed by the District Judge in R.C.R.P No. 74 of 1980.

(2.) Strongly attacking this order, the learned advocate appearing for the petitioner urged only the following points:

(3.) The landlord respondent herein - instituted a proceeding on 18-2-'78 under S.11(2) and (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 before the Rent Control Court, Cannanore. The tenant revision petitioner resisted this proceeding filing a counter denying the plea of the landlord that he requires the building bona fide for his occupation. After the application was posted for hearing, it underwent several adjournments. On 3-4-1979, an application filed on behalf of the revision petitioner for adjournment of the case, on the ground that he was laid up in a hospital sustaining a fracture following an accident, was dismissed by the Rent Control Court after hearing both sides. Subsequently, as the counsel appearing for the tenant reported that he has no instruction to proceed with the case, the tenant was declared exparte.