2014 AIR CC 1347 (KER) ::2014 (2) KLT SN 51.1 (KER) ::(2014) 1 Ker LJ 517 ::(2014) 2 RenCR 401

Kerala High Court

Hon'ble Judge(s): T. R. Ramachandran, B. Kemal Pasha , JJ

( A ) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3), 15 — Eviction petition — Bar of S. 15 — Ground of eviction, bona fide need for landlord’s son to start bio-technology unit — Earlier Rent Control petition filed on same ground had been dismissed and stood confirmed by Appellate Authority and by Kerala High Court in revision — Decision which has become final cannot be reopened — Eviction petition barred by S. 15. AIR 1999 SC 2089, AIR 2003 SC 649, Distinguished. AIR 1988 Ker 48 (FB), Relied on. (Paras2628)

( B ) Kerala Buildings (Lease and Rent Control) Act (2 of 1965) S. 11 (3), 15 — Eviction petition — Maintainability — Operative portion of earlier judgment gave liberty to landlord to file separate suit — But said operative portion was passed without knowledge of tenant — Tenant not bound by operative portion — Principles of acquiscence and waiver not applicable as tenant could not be said to have accepted that which was not known to him — Eviction petition barred by S. 15 could not be held to be maintainable by taking help of acquiscence and waiver. AIR 1988 SC 48, AIR 1970 SC 1, AIR 2008 SC 2187 and ILR 2013 (1) Ker 577, Relied on. (Paras20)