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2002 Supreme(Ker) 398

J.B.KOSHY, M.RAMACHANDRAN
Ramamoorthy Rao – Appellant
Versus
Musthapha Rawther – Respondent


Judgment :-

1. This revision petition is filed by the landlords against the order of the Rent Control Appellate Authority reversing and setting aside an order of eviction passed by the Rent Control Court under S.11(4)(i) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The petitioners are brothers and they are the joint owners of the petition schedule shop room. The respondent tenant was doing stationery business in the shop room in the name of 'Kerala Stationeries'. It is the case of the petitioners that from January 1989 onwards, respondent was not seen in the shop and one M.G. Gopakumar (RW2) was doing the business therein. On 4.5.1989, they received a cheque (Ext. A2) towards rent issued by the said Gopakumar. The first revision petitioner asked Gopakumar why he has issued the cheque. He answered that he purchased the shop room from the respondent. Thereafter, petitioners made enquiries and learnt that respondent/ tenant published an advertisement (Ext. A3) in widely circulated Malayalam daily for selling his shop. Therefore, Ext. A4 lawyer notice was issued on 28.6.1989 terminating the lease on account of sublett

































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