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2005 Supreme(Ker) 297

K.R.UDAYABHANU, R.BHASKARAN
Ahammed – Appellant
Versus
Krishnalal – Respondent


Judgment :-

Bhaskaran, J.

The challenge in this Rent Control Revision is directed against the concurrent findings of the Rent Control Court as well as the Appellate Authority holding that the revision petitioner tenant of the building shown in the Rent Control Petition is liable to be evicted under S.11 (4) (iii) of the Kerala Buildings (Lease and Rent Control) Act.

2. The petitioner in the Rent Control Petition purchased the property by registered sale deed dated 27-3-2002 from the original owners and filed the Rent Control Petition in the same year contending that the tenant has in his possession a building reasonably sufficient for his requirement in the same city and that he is liable to be evicted under S.11(4) (iii) of the Act. The tenant contended that as per the rental agreement dated 2-9-1996 between the tenant and the original landlords, he was entitled to be in possession of the tenanted premises for a period of ten years and the Rent Control Petition, filed before the expiry of ten years is not maintainable. He also contended that the allegation in the Rent Control Petition that the tenant has another building reasonably sufficient for his requirement is incorrect.

3. The
























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