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2017 Supreme(SC) 671

A.M.SAPRE, R.BANUMATHI
Hameed Kunju – Appellant
Versus
Nazim – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed by the appellant-landlord against the final judgment and order dated 11.01.2016 passed by the High Court of Kerala at Ernakulam in O.P.(RC) No. 69 of 2015(O) whereby the High Court allowed the petition filed by the respondent herein under Article 227 of the Constitution of India.

3) The controversy involved in this appeal is short. It arises out of an eviction matter. However, in order to appreciate the controversy in its proper perspective, we consider it apposite to set out the factual background of the case in detail with a view to show as to how the litigation between the parties progressed in the last 11 years before the Courts below and how it was dealt with at different stages which eventually led to passing of the impugned order giving rise to filing of this appeal by the landlord by way of special leave before this Court.

4) The appellant is the owner/landlord of eight schedule suit shops details of which are specified in the eviction petition. The respondent is in possession of one shop out of eight shops as tenant at a monthly rent of Rs.350/-. The remaining seven shops were in occupation of other














































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