GOPALA PILLAI Vs. STATE

JUDGEMENT

(1.) Clause.9 -- The Rent Control Order contemplates eviction of tenants from their holding as a whole -- No partial eviction appears to be contemplated -- In a case where the cause for the eviction related to the entire holding eviction should be complete and not piecemeal

(2.) The petitioner prays for the issue of a writ of certiorari to bring up and quash the order of the first respondent, the State of Travancore - Cochin, in No. D. Dis. 9038/52/PWC dated the 11th September 1953 which was passed in revision under the Travancore - Cochin Buildings (Lease and Rent) Control Order.

(3.) The petitioner is the owner of Sy. No. 2881, Vanchiyoor Pakuthy, which has an extent of 64 cents. After erecting two buildings thereon numbered as 646 and 647 in the Trivandrum Municipality he on 11.9.1122 leased them to the second respondent for a period of three months on a rental of Rs. 100 per month. Along with this lease arrangement there was another independent arrangement in respect of the entire site as also the aforesaid two buildings. The arrangement was to the effect that the second respondent should put up two new buildings n the site according to agreed specifications at the expense of the petitioner. The construction was to be completed within three months so that at the end of the third month when the arrangement would commence to operate there would be four buildings. A total rental of Rs. 250 per month was fixed for all the four buildings payable quarterly. An amount of Rs. 10 was fixed as the rental of the site per month which was also payable once in three months. It was stipulated that the holdings of the second respondent thus created was not transferable. It was also stipulated that besides ordinary repairs no substantial improvements or alterations should be made in the buildings. Pursuant to the aforesaid arrangement the second respondent put up one new building which was numbered as 646-A.