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2014 Supreme(Ker) 33

T.R.RAMACHANDRAN NAIR, B.KEMAL PASHA
M. Basheer – Appellant
Versus
Remani Gopalan – Respondent


Advocates Appeared:
For the Petitioner:R.D. Shenoi, Sr. Advocate, S. Vinod Bhat, N.M. Mohammed Ayub, Advocates.
For the Respondents:R1, Varghese C. Kuriakose, R2, Basil Mathew, K.B. Sajan, Advocates.

Judgment :

Ramachandran Nair, J.

1) The important question that is raised in these revision petitions is, whether in the absence of production of the alleged lease deed executed between the parties, which is an unregistered one, in evidence, the reliance placed on certain alleged admissions made by the respondent-landlady, is sufficient to presume a transaction of valid lease for a term exceeding one year so as to attract Section 11(9) of the Kerala Buildings (Lease and Rent Control) Act (for short, the 'Act').

2) The respective petitioners are partners, doing business in the name and style of 'Hotel Paragon' in a building of which the respondent is the landlady. Eviction is sought under Section 11(3) of the Act, namely, for the bona fide need of the landlady for residential purposes as well as to start a garment making unit in the petition schedule building. The Rent Control Court as well as the Appellate Authority ordered eviction in favour of the landlady and hence the revision petitions have been filed by the petitioners-tenants, assailing the orders passed by the authorities below.

3) We heard the learned Senior Counsel Shri R.D.Shenoi, learned counsel Shri Vinod Bhat, Shri Basil







































































































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