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1983 Supreme(Ker) 36

T.CHANDRASEKHARA MENON
Devassu – Appellant
Versus
ST. Marys Forane Church – Respondent


Judgment :-

1. This Original Petition is filed by the first counter petitioner in R C.P No. 10 of 1981 pending before the Rent Controller's Court, Palai. St. Mary's Forane Church, Kuravilangad represented by its Kaikars the first respondent herein, has filed the above R.C.P. under S.11(3) and (4) of the Kerala Buildings (Lease and Rent Control) Act, 1965, 'the Act' for short, for eviction of the petitioner and respondents 2 to 9 herein. The Church has got a storied building with number of rooms. The petitioner and respondents 2 to 9 are tenants of separate rooms in the building. The petitioner has got in his possession four rooms. There is no controversy that the tenancies are independent tenancies and the tenants are in occupation of distinct portions of the building.

2. When the rent control petition had been filed, the petitioner and respondents 2 to 5 questioned the maintainability of the petition for eviction and the jurisdiction of the court to entertain the petition on the ground that a single petition for eviction of tenants whose tenancies are separate, distinct and independent is not maintainable. The Rent Control Court, the 10th respondent herein has overruled that conten















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