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Showing contexts for: constructive knowledge in Thomas John vs P. Kochammini Amma And Ors., Etc., on 8 July, 1994Matching Fragments
1. Revision is directed against the judgment of Rent Control Appellate Authority, Additional District Judge, Ernakulam in R.C.A. 20/91. That was an appeal against the order of Rent Control Court, Ernakulam in R.C.P, 5/86 filed by respondents 1 to 4 (hereafter referred as landlords) against deceased 5th respondent (hereafter referred as tenant) and revision petitioner who is alleged to be in possession on the strength of a sublease or transfer by the tenant. The original lease was admittedly in favour of the tenant and the subject matter of the lease is a residential-cum-scooter workshop situated at Valanjambalam at Ernakulam and Cochin Corporation. The landlords sought eviction on the ground of sublease, bona fide occupation for respondents 2 to 4 and reconstruction. A business under the name and style "Tyre Resoles (India)" was conducted by the tenant. By A1 letter dated 10-5-1960 the tenant informed the first respondent that he had closed down the business and was intending to start a new business in the name "Scooter Garage". By Ext. A2 letter dated 10-7-1966 the first respondent was informed that the tenant had started the new business and requested her to send all future communications and rent receipts in the name of Proprietor, Scooter Garage. Rent receipts were therefore issued in the name of the proprietor of Scooter Garage. The monthly rent was since then enhanced. A shed is alleged to have been constructed unauthorisedly without the knowledge and consent of the landlords. They required the tenant to surrender the premises for their own occupation after constructing a residential house in the premises. They came to know from the reply that the tenant had subleased the premises to revision petitioner. Hence the petition for eviction on the three grounds aforementioned.