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2012 Supreme(Ker) 634

A.V.RAMAKRISHNA PILLAI, PIUS C.KURIAKOSE
P. G. Rakesh Menon – Appellant
Versus
Homex Trade Links Pvt. Ltd. Represented by its Managing Director Abdul Azeez Hydrose – Respondent


Advocates appeared:
For the Petitioner:ASP. Kurup, Sadchith P. Kurup, Advocates.
For the Respondent:R. Anup, Advocate.

JUDGMENT :

Pius C. Kuriakose, J.

1. Under challenge in this original petition filed by the landlord under Article 227 of the Constitution is Ext.P8 order passed by the learned Rent Control Appellate Authority (VIth Additional District Court, Ernakulam) in RCA No.20/2012. We find that under Ext.P8, the Hon'ble Rent Control Appellate Authority has extended the order of stay of execution passed in favour of the respondent/tenant against whom the Rent Control Court passed summary order of eviction under Section 11 (3) of the Act 2 of 1965. The ground raised by the original petitioner/landlord is that the Rent Control Appellate Authority has granted an absolute stay against the execution of the summary order of eviction passed by the Rent Control Court against the respondent/tenant without imposing any conditions. Ext. P1 is the copy of the amended rent control petition. Ext.P4 is the statement of objections filed by the tenant to the Rent Control Petition. A careful reading of Exts.P1 and P4 will show that the respondent did not dispute that Rs.4 Lakhs per month is the contract rent. The allegation of the landlord in the rent control petition was the rent is in arrears since November 20









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