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2010 Supreme(Ker) 276

PIUS C.KURIAKOSE, K.SURENDRA MOHAN
Sheela – Appellant
Versus
KAMCO Employees Union – Respondent


Advocates Appeared:
For the Petitioner:K. Jayakumar (Sr. Advocate), P.B. Krishnan & Geetha P. Menon, Advocates.
For the Respondent:V.K. Veeravunny, Advocate.

Judgment :

K. Surendra Mohan, J.

This is a tenant’s revision filed challenging concurrent orders of eviction passed by the Rent Control Court, Aluva and the Rent Control Appellate Authority, North Paravur. The respondent-landlord is the KAMCO employees Union, represented by its General Secretary. The Rent Control Court ordered eviction under S.11(3), 11(7) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965. On appeal, the Appellate Authority rejected the ground under S.11(3) and confined the order of eviction to the grounds under S.11(8) and 11(7) of the Act.

2. The respondent-landlord field R.C.P.No.15 of 2004 of the Rent Control Court, Aluva seeking an order of eviction against the tenant under S.11(3), 11(7) and 11(8) of the Act. According to the petitioner, the tenanted premises having an area of 750 sq.ft. was initially let out to the husband of the revision petitioner on a monthly rent of Rs.2,300/-for the purpose of conducting hotel business. However, the husband of the revision petitioner could not conduct the business in his name for the reason that he was an employee of the ‘TELK’. Therefore, on his request a renewed agreement was executed by the landlord



























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