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2014 Supreme(Ker) 267

K. C. Mathew – Appellant
Versus
D. Aruna – Respondent


Advocate Appeared:
For the Petitioners:Devan Ramachandran, Biju Varghese Abraham, K.M. Aneesh, S. Nikhil Sankar, Adarsh Kumar, Advocates.
For the Respondent:P.K. Sajeev, V. Sreenath, Advocates.

Judgment

P. Ubaid, J.

1. The landlady, and also the tenants, in a proceeding for eviction brought under Section 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 are now before this Court in revision in view of the divergent findings of the courts below. The landlady brought RCP No.161 of 2007 before the Rent Control Court -I (Munsiff Court-I), Kozhikode for eviction of the tenants on the ground of bona fide need, and also on the ground that the tenants have acquired many other buildings after the commencement of the tenancy. The landlady obtained the petition schedule building under a settlement deed executed by her father Doraiswami, in the year 2003. The petition schedule building was taken on rent by one Cherukutti, the predecessor in interest of the present tenants, from the father of the petitioner years back. On the death of Cherukutty, the tenancy devolved upon the legal heirs who are the respondents in the eviction proceedings. Though the rent initially was very low, it was subsequently raised to Rs.2000/- in January, 2007. The tenants have been running a stationery business by name “Mooleppattu Stationary” in the tenanted premises. The landlady























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