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2020 Supreme(SC) 27

SANJAY KISHAN KAUL, K.M.JOSEPH
K. Lubna – Appellant
Versus
Beevi – Respondent


Advocates Appeared:
For the Appellant(s) :K. Rajeev, Advocate
For the Respondent(s):Raghenth Basant, Liz Mathew, Mahamaya Chatterjee, Raghav Mehrotra, Advocates

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. One Pathummakutty, the owner, let out three shop room premises, defined as Room Nos. 3/471, 3/472, 3/476, located in 1-29 in Survey 14 and Re-survey 15/6, at the eastern side of Areekadu Nirathu Vazhi, Nallalam Amsom Desom, Kozhikode Taluk to one Beerankoya vide document dated 1.1.1967 for a monthly rent of Rs.75. The ownership rights in the property were transferred in favour of the appellants in 1986 by a registered document. This transfer/assignment was intimated to original respondent No.1 (now represented through his legal heirs) as per a registered letter in May, 1986. The allegation is that the original respondent sent rent through money orders only up to November, 1987, and stopped payment of rent thereafter. It is also alleged that the appellants required the premises bona fide; two of the shops had been sublet by the original respondent without the consent of the appellants and the value of the suit shops had been reduced materially and permanently by the respondents. The appellants, thus, sent a legal notice dated 15.12.1987 demanding surrender of possession of suit shop rooms and arrears of rent, and ultimately filed an eviction petiti


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