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2003 Supreme(Ker) 212

CYRIAC JOSEPH, N.KRISHNAN NAIR
Pathinharambath Valiyaveettil Mohamood Haji – Appellant
Versus
Nadukkandiyil Kozhithatta Devootty Amma – Respondent


Judgment :-

Cyriac Joseph, J.

1. This Civil Revision Petition arises from R.C.P. No. 128 of 1997 on the file of the Rent Control Court, Vadakara. The petitioners are the tenants and the respondents are the landlords.

2. The landlords filed R.C.P. No. 128 of 1997 praying for eviction of the tenants under Sections 11(3) and 11(4) (iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as “the Act”). The Rent Control Court dismissed the petition rejecting the claim of the landlords under Sections 11(3) and 11(4) (iii) of the Act. Against the order of the Rent Control Court, the landlords filed R.C.A. No. 55 of 1999 in the Court of the Rent Control Appellate Authority, Kozhikode. The Appellate Authority as per its judgment dated 7th July 2001 confirmed the finding of the Rent Control Court in respect of the claim under Sec. 11(4)(iii), but ordered eviction under Sec. 11(3) of the Act. Aggrieved by the judgment of the Rent Control Appellate Authority, the tenants have filed this Revision Petition.

3. The Rent Control Court had found that the entrustment of the building to the first respondent in the R.C.P. and his brother and the rate of rent were not disp



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