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2010 Supreme(Ker) 174

PIUS C.KURIAKOSE, K.SURENDRA MOHAN
Pushpadas – Appellant
Versus
Sukumara Pillai – Respondent


Advocates appeared:
For the Petitioner:K. Harilal, Advocate. For the Respondent:S. Sreekumar, Advocate.

Judgment :

K. Surendra Mohan, J.

The tenant is in revision. The respondent-landlord had filed R.C.P.No.5 of 2001 before the Rent Control Court, Kayamkulam seeking an order of eviction against the tenant alleging grounds under S.11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965, hereinafter referred to as the ‘Act’ for short. The said petition was dismissed by the Rent Control Court. However, as per order dated 19.12.2005 in R.C.A.No.11 of 2005, the Rent Control Appellate Authority, Mavelikkara has allowed the landlord’s appeal and has ordered eviction. The above revision is filed by the tenant against the order of the Appellate Authority. During the pendency of the revision, the respondent-landlord died and his legal representatives have been impleaded as additional respondents 2 to 5. For the sake of convenience, the parties are referred to herein as the landlord and the tenant respectively.

2. The petition schedule building belongs to the landlord, having obtained title to the same under a partition deed. The building was given on rent to the tenant on a monthly rent of Rs.967/- and he is in possession of the same, doing business in fertilizers and bon






















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