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2014 Supreme(Ker) 215

K.T.SANKARAN, M.L.JOSEPH FRANCIS
G. Radha Lekshmy – Appellant
Versus
Indian Saree House Broadway – Respondent


Advocate Appeared:
For the Petitioners:K.P. Sreekumar, Advocate.
For the Respondents:R1 & R2, S. Sreekumar, Senior, Advocate, Martin Jose, P. Prijith, Thomas P. Kuruvilla, Advocates.

Judgment :

K.T. Sankaran, J.

1. The question that arises for consideration in this Rent Control Revision is whether a Rent Control Petition filed under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, 'the Act') can be summarily rejected under Section 15 of the Act on the ground that the landlord did not press that ground in the earlier Rent Control Petition, in which Sections 11(3) and 11(8) were taken as the grounds for eviction.

2. The revision petitioners are the landlords of a building situated in Broadway, Ernakulam, in which the first respondent partnership runs a textile shop under the name and style 'Indian Saree House'. The learned counsel for the landlords submitted that the rent that is being paid by the tenant is only ?250/-for an area of about 600 sq. ft. in a building situated in the heart of Ernakulam City. The landlords filed R.C.P.No.154 of 2000 before the Rent Control Court, Ernakulam under Sections 11(2)(b), 11(3), 11(4)(i), 11(4)(ii) and 11(8) of the Act.

3. At the time of hearing, landlords submitted that they were pursuing only Section 11(3) and not Section 11(8) of the Act. The Rent Control Court allowed the petition under




















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