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Madhavi Amma Vs. S. Prasannakumari [22/03/13]

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[Civil Appeal Nos. 2735-2736 of 2005]. These appeals are directed against the common judgment of the Division Bench of the High Court of Kerala at Ernakulam dated 18.12.2002passed in CRP No.1411/1996 (C) and CRP No.833/1996(H). CRP No.1411/1996 (C)was preferred by one Appukuttan Nair along with the appellant (s) here in challenging the decision of the Rent Control Appellate Authority, Thiruvananthapuram dated 28.10.1995 in RCA No.133/1991 by which the eviction ordered by the Rent Control Court in its order dated 02.7.1991 in RCP No.140/1985 was confirmed. CRP. No.833 of 1996 (H) was preferred by the respondents herein challenging the order of the Appellate Authority(LR), Attingal in AA No.37/91 dated 13.11.1995 by which the order of the Land Tribunal, Thiruvananthapuram dated 19.02.1991 in OA No.78/1988 filed by the predecessor of the appellant (s), namely, Appukkuttan Nair under Section 80B of the Kerala Land Reforms Act for the purchase of his Kudikidappu right in respect of survey No.1536/A of Vanchiyoor Village, Thiruvananthapuram Taluk was reversed. By the common order of the Division Bench, the eviction ordered by the Authorities under the Kerala Rent Control Act, 1963 and Kerala Buildings (Lease and Rent Control) Act, 1965 was confirmed and the order of the appellate authority dated 13.11.1995 in AA 37/1991 was set aside.

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