T.R.RAMACHANDRAN NAIR, B.KEMAL PASHA
Ayanikkattu Unniraja – Appellant
Versus
K. P. Gurudas – Respondent
Ramachandran Nair, J.
1. This revision petition is filed by the tenants of a building wherein they are conducting a printing press, aggrieved by the order of eviction passed under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (for short 'the Act'), which stands confirmed by the Appellate Authority. Mainly it is contended that the eviction petition is hit by Section 15 of the Act, in the light of the fact that an earlier Rent Control Petition filed as R.C.P.No.70/2007 on the ground of bonafide need, viz. for his son to start a bio-technology unit, has been dismissed which stands confirmed by the Appellate Authority in appeal and by this Curt in revision.
2. At the outset, learned counsel for the petitioner, Shri P.A. Harish submitted that both the authorities have found the bonafide need overlooking the provisions under Section 15 of the Act, by relying upon the observations made by this Court in the earlier round of litigation in R.C.R. No.205/2011, whereby permission has been granted to the landlord to institute a fresh Rent Control Petition invoking the ground under Section 11 (3) of the Act. With regard to the same, learned counsel mainly contend
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