K.T.THOMAS, K.S.RADHAKRISHNAN
Lieya – Appellant
Versus
Kaliappa Chettiar – Respondent
The question whether a rent control petition is maintainable against a partnership firm without individual partners in the array of parties is the one that has come up for consideration in this case.
2. Eviction Petition was filed under Section 11 (3) of the erala Buildings (Lease and Rent Control) Act, 1965 against M/s. Kaliappa Chettiar Sons, stated to be a registered partnership firm. Objection was filed by the Managing Partner, representing the firm, stating that the petition framed is not maintainable since there is no provision of law under which a rent control petition can be filed against a partnership firm without all its parties in the array of parties. We will first examine the above mentioned legal question.
3. The Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter called the 'Act' is intended to regulate the leasing of buildings and to control the rent of such buildings in the State of Kerala. Section 11 of the Act deals with grounds for eviction of the tenant. The word 'tenant' has been defined under Section 2(6) of the Act to mean any person by whom or on whose account rent is payable for a building and includes the heir or heirs of a deceased ten
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