In Brief
A tenant occupied two prime Kochi shops rent-free for over five years despite a money decree. After the Rent Control Court evicted him under the Kerala Buildings Act's summary procedure (Section 12), the Appellate Authority upheld the eviction. The High Court reversed this, directing the appellant to repeat the rent-deposit procedure on appeal. The Supreme Court restored the Appellate Authority's order, holding that Section 12 procedure need not be repeated unless new rent accrues during appeal. The Court emphasized that appeals test legal validity, not re-determine facts, and that mechanical repetition would create absurdity.
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