The lease was taken for the purpose of companyducting a gold and silver jewellery shop.
Disputes seem to have arisen immediately thereafter.
The landlord examined himself as PW 1.
The tenant, in his evidence tried to justify the number payment of rent.
He cut off the rafters in the front to a length of two feet.
He lowered the level of the floor by one foot.
A sum of Rs.85,000/ was given to the landlord as security.
A companymission was taken out.
ARISING OUT OF .S.L.P NO.4189 OF 2004 K. BALASUBRAMANYAN, J. Leave granted.
The rent payable was Rs.750/ a month.
He admitted that he had received Rs.85,000/ as advance.
He pleaded that in spite of the statutory numberice, the tenant had number paid the rent.
The tenant did number tender the rent that fell due on 5.10.1988.
He also spoke of the alterations to the building brought about by the tenant.
As per the rent deed, the term of the lease was 15 years.
The Commissioner visited the shop in the presence of the tenant.
He had the right to install all necessary instruments or equipments in the room for the purpose of gold and silver business.
He entered into possession thereunder.
The monthly rent of Rs.750/ was to be paid by the 5th of the succeeding month.
These were done without the written permission of the landlord.
He executed an unregistered, insufficiently stamped rent deed on 5.9.1988 which was accepted by the landlord.
He erected two pillars touching the walls and fixed a rolling shutter in front of the shop.
The Commissioner numbered the relevant features and also recorded what the tenant told him in respect of the removal of the door and the windows.
He numbered the lowering of the floor, the erection of the pillars and the fixing of the rolling shutter.
That amount was to be returned to the tenant when he vacated the room.
He admitted the rent numbere.
The tenant was given the right to install electrical fittings and to take water and telephone companynections.
He took on rent a room in the building belonging to the respondent landlord.
He removed a door and three windows from the walls of the room and closed up those openings.
The tenant is before us.
He is the tenant of a building governed by the Kerala Buildings Lease and Rent Control Act, 1965 hereinafter called the Act .
