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2009 Supreme(Ker) 178

C.KURIAKOSE, C.K.ABDUL REHIM
K. I. Jacob – Appellant
Versus
R. Pradeep Naik – Respondent


Advocates Appeared:
For the Petitioners:T.A. Shaji, Advocate. For the Respondent:Raja Vijayaraghavan, M.T. Sureshkumar, Advocates.

Judgment:

Pius C. Kuriakose, J.

The tenant and the alleged subtenant against whom order of eviction has been passed on the ground of subletting by the Rent Control Appellate Authority are the revision petitioners. The allegation of the respondent landlord who sought eviction of the revision petitioners from the petition schedule building on the ground under section 11(4)(i) was that the first revision petitioner tenant to whom the building had been let out for the purpose of doing Photostat business has wound up that business and that the building has been sublet or transferred unauthorisedly to the second revision petitioner. It is alleged that the second revision petitioner is conducting job typing work in the premises and that in spite of issuance of the statutory intimation notice under the proviso to section 11(4)(i) the sublease has not been terminated and the second revision petitioner continues to be in possession of the premises.

2. The revision petitioners resisted the petition by filing a joint counter affidavit. It was contended that the first revision petitioner tenant is entitled on the terms of the lease to carry on any business of his choice and that the first revisi







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