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2002 Supreme(Ker) 164

J.B.KOSHY, K.PADMANABHAN NAIR
Mohammed Salim – Appellant
Versus
Habeeb & Company – Respondent


Judgment :-

J. B. Koshy, J.

The petitioner is the owner and landlord of a row of shop rooms in a building at Jew Street, Kochi City. Respondent Nos. 1, 3, 4, 5 and 6 are the petitioner's tenants in occupation of different portions of the aforementioned building. The petitioner instituted RCP Nos. 30/1996, 7/1996, 71/1996, 69/1996 and 67/1996 seeking eviction of those respondents. The main and common ground urged by the petitioner in all these cases is under S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Act'). There were additional eviction grounds also in two of these Rent Control Petitions. Upon service of notice by the respondents in the Rent Control Petitions, respondents 1 to 6 herein filed statement of objections. before the 10th respondent to the respective Rent Control Petitions. Petitioner filed separate applications for joint trial of all the Rent Control Petitions together on the ground that petitioner wanted the same building for reconstruction and evidence to be adduced in all these cases, atlast about these aspects will be similar. The Rent Control Court by Ext. PI common order rejected all the applications. The above


















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