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2013 Supreme(Ker) 171

THOTTATHIL B.RADHAKRISHNAN, B.KEMAL PASHA
Raphael – Appellant
Versus
Sudhodhanan – Respondent


Advocates Appeared:
For the Petitioner:V.V. Asokan, Mrs. Rukhiyabi Mohd Kunhi, Advocates.
For the Respondent:Mrs. R. Rajitha, P. Santhosh P. Poduval, Advocates.

Judgment :-

Thottathil B. Radhakrishnan, J.

1. The respondent instituted an application for eviction under sub sections (2)(b), (3), (4) (i) and (4)(ii) of Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965, for short, 'the Act'. The petitioner in this revision, who is the respondent in that rent control petition, pleaded, among other things, that the petition schedule property and the buildings connected to it belong to the petitioner in the rent control petition (respondent herein) and his brothers in co-ownership, and that the person, who has instituted the rent control petition, does not have absolute title to the petition schedule property. He further pleaded that his father, Devassy, took the building on lease from Ananthakrishnan, one of the brothers of the petitioner in the rent control petition, and till his death, Devassy and his son, the respondent in the rent control petition (petitioner before us), paid rent to him; that rent was so paid till 1998 August, and after the death of Ananthakrishnan, none claimed rent, and hence, there is arrears. He also pleaded that neither his father Devassy, nor he had taken the property on lease from the person, who fi





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