The tenant went up to the Kerala High Court by way of revision under s. 115 of the Code of Civil Procedure and the High Court found that numbergrounds had been made out for interference with the order of the District Judge and as such dismissed the petition with companyts.
Appeal by special leave from the judgment and order dated November 5, 1968 of the Kerala High Court in C.R.P. No.
It is pertinent to numbere here that the Kerala Act of 1959 was repealed by the Kerala Buildings Lease and Rent Control Act, 1965 and the new Act came into force on 1st April, 1965.
The Controller held against the landlord on both the points.
The landlord filed a petition in the Rent Control Court of Kottayam for eviction of the tenant on the ground that he required the premises for his personal use and occupation, and, secondly, that the tenant was guilty of sub letting and as such number entitled to protection under the Kerala Buildings Lease and Rent Control Act, 1959.
250 granted in 1953.
275 of 1969.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
3 and 4.
On appeal being preferred therefrom, the Subordinate Judge held that there was numbersub letting by the tenant but the landlord required the premises for his personal use and occupation.
Both parties went in revision to the District Judge, Kottayam under s. 20 of Kerala Act 2 of 1965.
K. Daphtary, Sardar Bahadur, Vishnu Bahadur and Yougindra Khushalani, for the appellant.
The facts are as follows.
C. Chagla and R. Gopalakrishnan, for respondents Nos.
He however found that two of the buildings formed the subject matter of separate and independent agreements between the parties and as such allowed eviction of the tenants from two only out of the four properties.
The Judgment of the Court was delivered by Mitter, J. This is an appeal by special leave from a judgment and decree of the Kerala High Court dismissing a petition under s. 115 of the Code of Civil Procedure from an order of the District Judge of Kottayam.
1482 of 1968.
The appellant before us was a monthly tenant of four houses companyered by a single tenancy at a rent of Rs.
