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V.K.SREEDHARAN S/O. KELAN versus KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI

High Court of Kerala

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V.K.SREEDHARAN S/O. KELAN v. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI - CRP No. 752 of 2003 [2007] RD-KL 527 (8 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 752 of 2003()

1. V.K.SREEDHARAN S/O. KELAN,
... Petitioner

Vs

1. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI
... Respondent

For Petitioner :SRI.K.P.DANDAPANI

For Respondent :SRI.SERGI JOSEPH THOMAS

The Hon'ble MR. Justice K.A.ABDUL GAFOOR The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :08/01/2007

O R D E R

K.A. ABDUL GAFOOR & K.R. UDAYABHANU, JJ


=============================
C.R.P. NO. 752 OF 2003
==============================

Dated this the 8th day of January 2007

ORDER

Udayabhanu,J

The petitioner is the tenant who is under orders of eviction under section 11(4)(v). The Appellate Authority relied on the observations and evidence of the Commissioner in the commission report, particularly the fact that the Commissioner has reported that the room was seen locked with two rusted locks and many waste papers and other waste materials including an abandoned trolly were found dumped at the verandah of the room. The Commissioner has also reported, it was noted, that there were old cob-webs and waste materials in the verandah indicating the fact that the room is now not being occupied by anybody. The Appellate Authority has noted that it is evident from the Commission report and the evidence of the Commissioner that even access to the room is seen blocked by waste materials etc. Moreover the tenant has not testified before the court. It is in evidence that the petitioner/tenant is running cinema theater etc. We find no reason for interference. C.R.P. No. 752 of 2003 2

2. Counsel for the tenant/Revision Petitioner has prayed for six months time to vacate the premises which was opposed. In view of the fact that the room is not being put to use at all and also considering the fact that the rent is only 80 per month, We find no reason to allow the prayer to grant time to vacate the room. In the result, the CRP is dismissed in limine.

K.A. ABDUL GAFOOR, JUDGE

K.R. UDAYABHANU, JUDGE.

RV


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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