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Thiruvananthapuram

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the respondents landlord filed RCP No. 140/85 for eviction of the tenant, sub-tenant and other occupants under the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965 hereinafter called ‘the 1965 Act’. When that eviction petition was pending, at the Civil Appeal Nos.2735-2736 of 2005 2 of instance of one of the tenants, who was predecessor of the appellant (s) herein filed a petition under Section 125 (3) of the Kerala Land Reforms Act, 1963 hereinafter called ‘the 1963 Act’ by which the predecessor of the appellant (s) claimed rights as a Kudikidappukaran. The learned Rent Controller referred the issue as to whether such a claim made by the tenant was admissible, to the Land Tribunal, having jurisdiction over the area in which the land situated together with the relevant records for the decision on that question. 4. Be that as it may, the tenant also filed an application under Section 80B of the 1963 Act for purchase of Kudikidappu under his occupation of the lands before the Land Tribunal. By independent orders dated 19.2.1991, the Land Tribunal returned a finding in the Reference made by the learned Rent Control Authority to the effect that the predecessor-in-interest of the appellant (s) did not possess any Kudikidappu rights. In the application filed under Section 80B of the Act also such a claim came to the rejected. Having regard to the provisions contained in Section 125 (5) Civil Appeal Nos.2735-2736 of 2005 3 of 41Page 4 of the 1963 Act, the Rent Control proceedings in RCP 140/85 was determined holding that the tenant’s right as a Kudikidappukaran was not maintainable and thereafter the eviction petition was also ordered on merits in favour of the respondent-landlord herein. Once, we steer clear of the correctness of the said order dated 13.11.1995 in AA 37/91, the only other aspect to be Civil Appeal Nos.2735-2736 of 2005 39 of examined is the correctness of the order passed by the Rent Control Authority in RCP No.140/85 dated 2.7.1991 on the merits of ground of eviction, namely, the alleged default in payment of rent, necessity for demolition and re-construction and the claim for own-occupation. In those aspects, as the conclusion was arrived at by the Rent Control Court based on a detailed consideration of the merits which are mainly based on facts and in the absence of any legal error in the said conclusion arrived at by the Rent Control Authority as well as the Rent Control Appellate Authority in the decision dated 28.10.1995 passed in RCA No.133/91, there is no scope to find fault with the ultimate decision of the Division Bench of the High Court in dismissing the revision preferred by the appellant(s). Having bestowed our detailed consideration on the impugned judgment, we hold that the decision of the Division Bench in allowing the revision preferred by the respondent as against the order of the appellate authority (LR) dated 13.11.1995 in AA 37/91 was also justified. These appeals, therefore, fail and the same are dismissed.

Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2735-2736 OF 2005 MADHAVI AMMA & ORS. …Appellants VERSUS S. PRASANNAKUMARI & ORS. … Respondents J U D G M E N T Fakkir Mohamed Ibrahim Kalifulla, J. 1. These appeals are directed against the common judgment of the Division Bench … Continue reading

deficiency in service = According to the complainants, the contents of the Mahazar were not disclosed to them. But later on the complainants came to know that the Mahazar was prepared with an allegation that the house was being used as a guest house. On 28.09.2001, the OPs changed the electric meter without complying formalities. =the OPs failed to prove the two allegations, namely, running of the house as guest house and hence the use of energy being done unauthorisedly for commercial purposes and the non-functioning of two of the three phases of the meter thereby resulting in recording only 1/3 of the consumption. In view of this, the present case would not attract the ratio laid down in the case M/s. Swastic Industries (supra).

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI   REVISION PETITION  NO. 4607 OF 2010 (From the order dated 06.08.2010 in Appeal No. 554/2005 of Kerala State Consumer Disputes Redressal Commission) 1.  The Kerala State Electricity Board, Rep. by its Secretary, Vydhuthi Bhavan Pattom, Thiruvananthapuram.   2.  The Asstt. Executive Engineer, K.S.E.B. Ponkunnam   3.  The Asstt. Engineer, K.S.E.B. Ponkunnam                                               …      Petitioner(s) … Continue reading

whether the sections 29 and 357 of the Criminal Procedure Code and section 138 of the Act should be read harmoniously and complementary to each other; and if so done, compensation could be awarded in cases under section 138 of the Act to meet the loss sustained by the dishonour and that if compensation could not be awarded for any reason, fine could be levied upto twice the cheque amount ?

1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1902 OF 2011 (Arising out of SLP (Crl.) No.2586 of 2007) R.Vijayan … Appellant Vs. Baby & Anr. … Respondents J U D G M E N T R.V.RAVEENDRAN, J. Leave granted. Heard. 2. The complainant in a complaint under section … Continue reading

sister filed domestic violence case – As a matter of fact, especially when there is no quarrel between the

IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.Rev.Pet.No. 131 of 2011() 1. SREEPRAKASH, S/O.MOHANAPILLAI, … Petitioner 2. SREENATH, S/O.MOHANAPILLAI, Vs 1. VIJAYALEKSHMI S @ SONI, D/O.SULOCHANA, … Respondent 2. STATE OF KERALA, REPRESENTED BY THE For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR For Respondent :SRI.SUMAN CHAKRAVARTHY The Hon’ble MR. Justice V.K.MOHANAN Dated :11/02/2011 O R D E … Continue reading

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